mr. speakers letter to the kings most excellent majestie, febr. 16, 1641 concerning the great affayres, and state of the kingdome. lenthall, william, 1591-1662. this text is an enriched version of the tcp digital transcription a47689 of text r39009 in the english short title catalog (wing l1076). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 13 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a47689 wing l1076 estc r39009 18206137 ocm 18206137 107076 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a47689) transcribed from: (early english books online ; image set 107076) images scanned from microfilm: (early english books, 1641-1700 ; 1127:2) mr. speakers letter to the kings most excellent majestie, febr. 16, 1641 concerning the great affayres, and state of the kingdome. lenthall, william, 1591-1662. [8] p. printed for john thomas, london : 1641 [i.e. 1642] attributed to lenthall by wing and nuc pre-1956 imprints. caption title dated "... february the 12. 1641" [i.e. 1642]. imperfect: stained, with loss of print. reproduction of original in the bodleian library. eng constitutional history -great britain. great britain -politics and government -1625-1649. great britain -history -charles i, 1625-1649. a47689 r39009 (wing l1076). civilwar no mr. speakers letter to the kings most excellent majestie, febr. 16. 1641. concerning the great affayres, and state of the kingdome. lenthall, william 1642 2488 23 0 0 0 0 0 92 d the rate of 92 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2004-01 tcp assigned for keying and markup 2004-02 spi global keyed and coded from proquest page images 2004-03 mona logarbo sampled and proofread 2004-03 mona logarbo text and markup reviewed and edited 2004-04 pfs batch review (qc) and xml conversion mr. speakers letter to the kings most excellent majestie , febr. 16. 1641. concerning the great affayres , and state of the kingdome . honi soit qvi mal l y pense cr royal blazon or coat of arms london , printed for iohn thomas , 1641. the speakers letter of the house of commons to the kings most excellent majestie , february the 12. 1641. sir , besides my sorrowes ( which pressed me very sore , and remaineth still upon me ) the troubles and griefe that fell upon me for the lamentable breaches in church and state , and for your sacred majesty & hopefull offspring , filled up my sorrowes , and in my thoughts j was grieved that those feares and desolations fell out in your dayes , i confesse , charity suspects not , and the best minds thinkes the least hurt , and the freer a man is , from vice in himselfe , the more charitable he is of others , and this is that which hath proved ( formerly prejudiciall to your majesty , but had your majesty been the first , or the best , that had bin instead , misinformed , or ill rewarded it would be an hard thing to command patience , but griefe is asswaged either by presiden●s , or examples . jt is true of late dayes your majesty being misinformed against some of your best subjects , your majesty thought to have dealt with them , as ioseph thought to have dealt with marie , and so put them away farre from you , but with marie they travailing as it were with child , and that that which they travailed withall might not appeare an illegitimate the onely wise god , sent as it were an angell unto you , to let you see , that like marie they being contracted unto you in love , they have not as yet defiled their marriage bed , but remaine like marie faithfull to their head and soveraigne , and your majesty having beene formerly seduced by false opinions from others against them , j hope you will now be reduced unto them ( and by them ) by true perswasions , and that you may be so the onely wise god that gave your majesty your being , and so knew you better then your selfe , hath dealt with your majesty , as he did with adam in paradise , and so hath provided you a meet helper , when with adam you thought no need of it , now desired it , and your majesty yeelding as adam did , ( in sparing a superfluous rib for to make him a meet helper ) will become a great gainer , for your majesty shall not onely loose those who may very well be spared , but you will gaine to your selfe and your posterity a meete helper , that will endeavour by all meanes that may be lawfull to ease you of many burthens that otherwise might have layne heavie upon you , and this helper is many members of that body , whereof your majesty is become the head ▪ and considering their paines and labour in love , you should doe them iniustice if you should suffer any for to accuse them , j hope there is none ( or will be none ) neere you ( if neere you , yet dares not ) so ingrosse your favours any more to their owne advantage whereby your good subject● may be bereaved of those benefits that ought to be common to all , as for your commons , they goe not about to steale your favours , but to purchase them them legally , and are become unto you as abrahams servant was to his master , who would not either eate , or drinke , untill he had done his masters busines , and i dare say if your commons ( as your late monopolists , and others ) had or did seeke themselves , or their owne advantages , ( more then the good of king and kingdome ) they would have beene wearied after so much labour before now , but mee thinkes j heare your commons say as adam said , let us be but one , and that it may be so , they are willing , not onely for a time to be seperated from their domesticke imployments , but to forsake all , and runne many hazards , to cleave only to your maiesty in a solemne contract , wherefore to make up the contract , you must with isaacke part with something that was formerly neare unto you , and who would no● spare a part , to save the rest , being done it will prove to your maiesty as comfortable and welcome , as rebecca was into isaacks tent . this happy match being made , it would not onely refresh your people , but make glad your heart in time of feares & dangers , it is true , there is many that have brought your majesty into troubles , and feared dangers ( and the more too blame they , for leaving your majesty , having brought you into them ) it is true , there are many with orpha , seeing your troubles , have left you , but your commons like ruth are resolved to stick close unto you , and will endeavour to helpe you , if with david you will be advised by them ( who blessed god for the seasonable councell of a woman , when he was upon a desperate designe ) judge then of their loves & affections to your majesty , by yours to them ; and then tell me , whether they doe not love you ▪ doubtlesse , yes ; accounting their lives not deare unto them , so that they may but finish their worke with ●oy ▪ and accomplish their good ends concerning you , and i doubt not , but that j speake it in the name of many & in truth by your late yeelding and free expression ; you have stollen me from my selfe , yea , and am now wounded within me , and like moses , who was wounded within himselfe , and could hardly endure to looke upon god 〈◊〉 he discended in mercy . jt is true , there is nothing engageth a soule to god , or a subject to a king , as the appearance of love , this made moses to say : how dreadfull is thy place o god , and this is that which hath stollen me from my selfe , so that j am no more mine owne , but yours ; yea , by this returne of yours to your people , you will winne them to obedience with kindnesse , and by doing so ; you will make good that which you were sent for , whose eares ought to be imployed for the good of your subjects ; knowing that their love is your greatest safety , and their prosperity your greatest honour and ●elicity ; & this is that which will make your bed easie ; when you shall possesse the just title to the crowne with the love of your people , and the continuance of it with the willing applause of the subject , is the ●ighest way to a blessing , and the hopes of this is that which hath brought me to renue and confirme the covenant that your majesty made with me from your first entrance to the crowne , and because you could not sweare by no greater , swore by the eternall god , that you would defend mee , and at the first of our contract we made but one , your power and all that you had was mine to defend me , & to do me good , but there have bin some of late , that have set your majesty against mee . ( j speake it in the name of many ) and have perswaded you to beate me , and to force me to obedience , though of my selfe willing to obey , being of a nature sooner wonne , then compelled , and this is that which hath sore troubled me , yet this is not all , but when an oath , ( with an et coetera ) was put upon me , it wounded me ▪ for by the oath that i had taken already ▪ i was bound fast enough , but the truth is when these things befell me , j was affraid that some evill minded men like to potiphers wife , seing mine innocencie , and more faithfull to you ▪ my husband , then themselves , had complained against me without cause , and this i could hardly beare , for by this meanes our great adversaries , the divill and pope , laboured to sowe contentions , and jealousies betweene us and this is that which will be a meanes to undoe us both when your majesty ( which is become my head , and husband ) speaks kindly unto me , and is ruled by those that love us both my heart is inflamed , with a love unto you , but when your ministers abuse yo●●●ajesties kindnesse , and become tirants to their fellow ser●●nts , yea when they shall goe about to justifie themselves , and lay all their villany upon your majestie , this j can hardly beare , for by this meanes j am deprived of my mariage bed , and of my wonted society , and am troubled within my selfe , when i see your majesty ( which is become my head and husband ) strange unto me , but i hope every former breach will unite love the stronger wher●fore being now reconciled to your commons , feast , live love , and dye together , and be more firme in your neare vnion , then ever divided in your heartie unkindnesse , so shall you meete in the end and never part , but be like rachell and leah , which two ▪ built up the house of israell , you are now in the way , and it is sayd ▪ genesis 24 , 27. that whilst the servant of abraham was in the way , god blessed him , the same god blesse you , and for your comfort , and incouragement ▪ know , by so much shall you grow to perfection , by how much you draw neare to vnitie , i confesse had the balaacs and baalams of our times beene so evill as they would have beene , the world had beene overrunne with evill , but such is the wisdome of god , that ofttimes he hides from evill men those times and seasons , that might prove prejudiciall to his people , so when saul sought for david , it is true the good god might have destroyed the baalams and wicked sauls of our times , but many times he will not , for god hath something more for them to doe , and it is not so much glory to god to take away wicked men , as to vse their evill to his owne holy purposes , and gaineth many times more glory by working good by evill instruments , then by destroying of them presently in their wicked purposes , for it is a true maxime , that it sufficeth a good man ▪ that here resisteth the evill actions of the wicked , whilest they love their persons . j confesse , our balaams and our sauls , had gone very farre , but in some things god permits in indignation , not for that hee gives leave to the act , but that he gives a man over to the sinne in the act , and yet this sufferance imployes not favour but judgement , and god is contented the devill should winne himselfe credit ( sometimes ) where he means to judge , i confesse our sauls and our baalams like cisera , trusted in their strength , but like cisera many of them runne away , yet in spight of them all , the lord hath made a seasonable and hopefull provision for his people . jt is too true by the meanes of our sauls , your majesty became to your people and commons , as the angell was unto gydeon , and so made them affrayd , but like the angell that made gydeon affrayd , your majesty hath returned to their comfort , and as god he useth , where he loues ▪ he imployes , and like christ himselfe you are now willing to enjoy them b● a willing contract , and not by 〈◊〉 , and by this meanes you appeare now unto your people like moses , who had more glory by his vale , then by his face , and i doe no● doubt but when all things shall be made manifest , but that one faithfull david will be in more 〈◊〉 with your majesty ; then either the sauls or baalams 〈…〉 is true , by the meanes of our sauls the crowne 〈◊〉 become full of cares , and your majesty 〈◊〉 almost beene wearied by them , would faine now take some rest , and that your majesty may rest , j will with iacob give god no rest untill he have blessed you , wherefore being now reconciled unto your commons , you will become as sweet and pleasant to the church , and the three kingdomes , as the tree that god shewed to moses , which when he cast into the waters , the waters were made sweet ( which formerly were bitter ) j know that thankefulnesse and love , can doe more with good men , then merit or necessity , and me thinkes i see you like our saviour who thirsted after the salvation of mankind , and j beleeve it was not so much out of drynesse as out of love , goe you and doe so likewise , knowing that modest beginnings , and hopefull proceedings makes happy endings , and for your comfort know , that god whose battels you fight , will provide a due reward , and so j commend the saying of salomon unto you , eccles. 9.10 . whatsoever thy hand findeth to doe , doe it with thy might , for there is no worke nor device , nor knowledge , nor wisedome in the graue whither thou goest . finis . the two charters granted by king charles iid to the proprietors of carolina with the first and last fundamental constitutions of that colony. charter (1663) england and wales. sovereign (1660-1685 : charles ii) 1698 approx. 164 kb of xml-encoded text transcribed from 32 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a32677 wing c3622 estc r4148 12268928 ocm 12268928 58167 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32677) transcribed from: (early english books online ; image set 58167) images scanned from microfilm: (early english books, 1641-1700 ; 176:31) the two charters granted by king charles iid to the proprietors of carolina with the first and last fundamental constitutions of that colony. charter (1663) england and wales. sovereign (1660-1685 : charles ii) locke, john, 1632-1704. carolina (colony). charter (1665) carolina (colony). constitution (1669) 60 p. printed and are to be sold by richard parker ..., london : [1698] date of publication from wing. reproduction of original in huntington library. the first charter granted by king charles iid to the proprietors of carolina (march 24, 1663) -the second charter (june 30, 1665) -the fundamental constitutions of carolina (march 1, 1669; drawn up by john locke) -copy of the fundamental constitutions of carolina (april 11, 1698). created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed 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with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng constitutional history -north carolina. constitutional history -south carolina. north carolina -history -colonial period, ca. 1600-1775 -charters. north carolina -history -colonial period, ca. 1600-1775 -constitution. south carolina -history -colonial period, ca. 1600-1775 -constitution. south carolina -history -colonial period, ca. 1600-1775 -charters. 2005-12 tcp assigned for keying and markup 2006-04 spi global keyed and coded from proquest page images 2006-06 john latta sampled and proofread 2006-06 john latta text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion the two charters granted by king charles iid . to the proprietors of carolina . with the first and last fundamental constitutions of that colony . london : printed , and are to be sold by richard parker , at the vnicorn , under the piazza of the royal exchange . the first charter granted by king charles iid . to the proprietors of carolina . charles iid . by the grace of god , &c. to all to whom these presents shall come greeting . whereas , our right trusty , and right well-beloved cousins and counsellors , edward earl of clarendon , our high chancellor of england , and george duke of albemarle , master of our horse , and captain general of all our forces ; our right trusty and well-beloved william lord craven , john lord berkeley , our right trusty , and well-beloved counsellor , anthony lord ashley , chancellor of our exchequer , sir george carterett knight and baronet , vice-chamberlain of our houshold , and our trusty and well-beloved , sir william berkeley knight , and sir john colleton knight and baronet , being excited with a laudable and pious zeal for the propagation of the christian faith , and the enlargement of our empire and dominions , have humbly besought leave of us by their industry and charge , to transport and make an ample colony of our subjects , natives of our kingdom of england , and elsewhere , within our dominions , unto a certain country , hereafter described , in the parts of america not yet cultivated or planted , and only inhabited by some barbarous people , who have no knowledge of almighty god. and whereas , the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley , sir john colleton , have humbly besought us to give , grant and confirm unto them and their heirs , the said country , with priviledges and jurisdictions , requisite for the good government and safety thereof . know ye therefore , that we favouring the pious and noble purpose of the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton of our special grace , certain knowledge and meer motion , have given , granted and confirmed , and by this our present charter , for us , our heirs and successors , do give , grant and confirm unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs , and assigns , all that territory or tract of ground scituate , lying , and being within our dominions in america ; extending from the north end of the island called lucke island , which lyeth in the southern virginia seas , and within six and thirty degrees of the northern latitude ; and to the west as far as the south seas ; and so southerly , as far as the river st. matthias , which bordereth upon the coast of florida , and within one and thirty degrees of northern latitude , and so west in a direct line , as far as the south seas aforesaid ; together with all and singular ports , harbours , bays , rivers , isles and islets , belonging unto the country aforesaid . and also , all the soil , lands , fields , woods , mountains , ferms , lakes , rivers , bays and islets , scituate ▪ or being within the bounds or limits aforesaid , with the fishing of all sorts of fish , whales , sturgeons and all other royal fishes in the sea , bays , islets and rivers , within the premises , and the fish therein taken . and moreover , all veins , mines , quarries , as well discover'd as not discover'd , of gold , silver , gems , precious stones , and all other whatsoever ; be it of stones , metals or any other thing whatsoever , found , or to be found within the countries , isles and limits aforesaid . and furthermore , the patronage and avowsons of all the churches and chapels , which as christian religion shall increase within the country , isles , islets and limits aforesaid , shall happen hereafter to be erected ; together with license and power to build and found churches , chapels and oratories in convenient and fit places within the said bounds and limits ; and to cause them to be dedicated and consecrated , according to the ecclesiastical laws of our kingdom of england ; together with all and singular , the like , and as ample rights , jurisdictions , priviledges , prerogatives , royalties , liberties , immunities and franchises , of what kind soever , within the countries , isles , islets and limits aforesaid . to have , use , exercise and enjoy , and in as ample manner as any bishop of durham in our kingdom of england , ever heretofore have held , used or enjoyed , or of right ought , or could have , use or enjoy ; and them the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns . we do by these presents , for us , our heirs and successors , make , create and constitute the true and absolute lords and proprietors of the country aforesaid , and of all other the premises , saving always the faith , allegiance and sovereign dominion due to us , our heirs and successors , for the same ; and saving also the right , title and interest of all and every our subjects of the english nation , which are now planted within the limits and bounds aforesaid , ( if any be : ) to have , hold possess , and enjoy the said country , isles , islets , and all and singular , other the premises to them , the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilleam berkeley and sir john colleton , their heirs and assigns for ever , to be holden of us , our heirs and successors , as of our mannor of east greenwich , in our county of kent , in free and common soccage , and not in capite , nor by kn●ghts service , yeilding and paying yearly to us , our heirs and successors , for the same , the yearly rent of twenty marks of lawful money of england , at the feast of all saints , yearly for ever . the first payment thereof , to begin , and to be made on the feast of all saints , which shall be in the year of our lord one thousand six hundred sixty and five , and also the fourth part of all gold and silver oar which within the limits aforesaid , shall from time to time , happen to be found . and that the country thus by us granted and described , may be dignifyed by us with as large titles and priviledges as any other parts of our dominions and terretories in that region . know ye , that we of our further grace , certain knowledge , and meer motion , have thought fit to erect the same tract of ground , country and island , into a province , and out of the fullness of our royal power and prerogative ; we do , for us , our heirs and successors , erect , incorporate and ordain the same into a province ; and do call it the province of carolina : and so , from henceforth , will have it called . and forasmuch as we have hereby made , and ordained the aforesaid edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , the true lords and proprieters of all the province aforesaid . know ye therefore moreover , that we reposing especial trust and confidence in their fidelity , wisdom , justice and provident circumspection for us , our heirs and successours , do grant full and absolute power by virtue of these presents , to them , the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , and their heirs for the good and happy government of the said province , to ordain , make , enact , and under their seals to publish any laws whatsoever , either appertaining to the publick state of the said province , or to the private utility or particular persons , according to their best discretion , of and with the advice , assent and approbation of the freemen of the said province , or of the greater part of them , or of their delegates or deputies , whom for enacting of the said laws , when and as often as need shall require , we will that the said edward earl of clarendon , george guke of albermarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton and their heirs , shall from time to time , assemble in such manner and form as to them shall seem best , and the same laws duely to execute upon all people within the said province and limits thereof , for the time being , or which shall be constituted under the power and government of them , or , any of them , either sailing towards the said province of carolina , or , returning from thence towards england , or any other of our , or forreign dominions , by imposition of penalties , imprisonment , or any other punishment ; yea , if it shall be needful , and the quality of the offence requires it , by taking away member and life , either by them the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilliam berkeley , and sir john colleton , and their heirs , or by them , or their deputies , lieutenants , judges , justices , magistrates , officers and ministers , to be ordained , or appointed according to the tenor and true intention of these presents ; and likewise , to appoint and establish any judges , or justices , magistrates , or officers whatsoever , within the said province , at sea or land , in such manner and form , as unto the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkely , and sir john colleton , and their heirs , shall seem most convenient . also to remit , release , pardon , and abolish , ( whether before judgment , or after ) all crimes and offences whatsoever against the said laws , and to do all and every other thing and things which unto the compleat establishment of justice unto courts , sessions and forms of judicature , and manners of proceedings therein , do belong , although in these presents , express mention be not made thereof , and by judges , and by him , or them delegated to award , process , hold pleas , and determine in all the said courts and places of judicature , all actions , suits and causes whatsoever , as well criminal as civil , real , mixt , personal , or of any other kind or nature whatsoever ; which laws , so as aforesaid to be published , our pleasure is , and we do require , enjoyn and command , shall be absolute , firm and available in law , and that all the leige people of us , our heirs and successors within the said province of carolina , do observe and keep the same inviolably , in those parts , so far as they concern them , under the pains and penalties therein expressed , or to be expressed ; provided nevertheless , that the said laws be consonant to reason , and as near as may be , conveniently agreeable to the laws and customs of this our kingdom of england . and because such assemblies of free-holders cannot be so conveniently called , as there may be occasion to require the same ; we do therefore by these presents , give and grant unto the said earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley , and sir john colleton , their heirs and assigns , by themselves , or their magistrates in that behalf lawfully authorized , full power and authority from time to time , to make and ordain fit and wholesome orders and ordinances within the province aforesaid , to be kept and observed , as well for the keeping of the peace , as for the better government of the people there abiding , and to publish the same to all to whom it may concern ; which ordinances we do by these presents , streightly charge and command to be inviolably observed , within the said province , under the penalties therein expressed , so as such ordinances be reasonable and not repugnant , or contrary , but as near as may be , agreeable to the laws and statutes of this our kingdom of england , and so as the same ordinances do not extend to the binding , charging , or taking away of the right or interest of any person or persons , in their freehold goods , or chattels whatsoever . and to the end the said province may be the more happily increased by the multitude of people resorting thither , and may likewise be the more strongly defended from the incursions of savages , and other enemies , pirates and robbers ; therefore , we for us , our heirs and successors do give and grant by these presents , power , license and liberty unto all the leige people of us , our heirs and successors in our kingdom of england , or elsewhere within any other our dominions , islands , colonies , or plantations ( excepting those who shall be especially forbidden ) to transport themselves and families unto the said province , with convenient shipping , and ●itting provisions and there to settle themselves , dwell and inhabit , any law , statute , act , ordinance , or other thing , to the contrary in any wise , notwithstanding : and we will also , and of our more special grace for us , our heirs and successors do streightly enjoyn , ordain , constitute and command that the said province of carolina shall be of our allegiance , and that all and singular the subjects , and liege people of us , our heirs and successors transported , or to be transported into the said province , and the children of them , and of such as shall descend from them , there born , or hereafter to be born , be , and shall be , denizons and leiges of us , our heirs and successors of this our kingdom of england , and be in all things held , treated and reputed as the leige faithful people of us , our heirs and successors , born within this our said kingdom , or any other of our dominions , and may inherit , or otherwise purchase and receive , take , hold , buy and possess any lands , tenements , or hereditaments within the same places , and them may occupy possess and enjoy ▪ give , sell , aliene and bequeath ; as likewise , all liberties , franchises and priviledges of this our kingdom of england and of other our dominions aforesaid , and may freely and quietly have , possess and enjoy as our leige people born within the same , without the least molestation , vexation , trouble or grievance of us , our heirs and successors , any statute , act , ordinance or provision to the contrary notwithstanding . and furthermore that our subjects of this our said kingdom of england and other our dominions , may be the rather encouraged to undertake this expedition with ready and chearful minds ; know ye , that we of our special grace , certain knowledge and meer motion , do give and grant , by vertue of these presents , as well to the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilliam berkeley and sir john colleton and their heirs , as unto all others as shall , from time to time , repair unto the said province , with a purpose to inhabit there , or to trade with the natives of the said province , full liberty and license to lade and freight in any ports whatsoever , of us , our heirs and successors , and into the said province of carolina , by them , their servants and assigns , to transport all and singular their goods , wares and merchandizes ; as likewise , all sorts of grain whatsoever , and any other things whatsoever , necessary for the food and cloathing , not prohibited by the laws and statutes of our kingdoms and dominions , to be carry'd out of the same without any lett or molestation of us , our heirs and successors , or of any other of our officers or ministers whatsoever , saving also to us , our heirs and successors , the customs , and other dutys and payments , due for the said wares and merchandizes , according to the several rates of the places from whence the same shall be transported . we will also , and by these presents , for us , our heirs and successors , do give and grant license by this our charter , unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley , and sir john colleton , their heirs and assigns , and to all the inhabitants and dwellers in the province aforesaid , both present and to come , full power and absolute authority to import or unlade by themselves , or their servants , factors or assigns , all merchandizes and goods whatsoever , that shall arise of the fruits and commodities of the said province , either by land or by sea , into any the ports of us , our heirs and successors , in our kingdom of england . scotland or ireland , or otherwise to dispose of the said goods in the said ports ; and if need be , within one year next after the unlading , to lade the said merchandizes and goods again into the same , or other ships , and to export the same into any other countries , either of our dominions , or forreign , being in amity with us , our heirs and successors , so as they pay such customs , subsidies and other dutys for the same to us , our heirs and successors , as the rest of our subjects of this our kingdom , for the time being , shall be bound to pay , beyond which , we will not that the inhabitants of the said province of carolina shall be any way charged . provided nevertheless , and our will and pleasure is , and we have further for the considerations aforesaid , of our more especial grace , certain knowledge and meer motion , given and granted , and by these presents , for us , our heirs and successors , do give and grant unto the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilliam berkeley and sir john colleton , their heirs and assigns , full and free license , liberty and authority at any time , or times , from and after the feast of st. michael the arch-angel , which shall be in the year of our lord christ , one thousand six hundred , sixty and seven ; as well to import , and bring into any of our dominions , from the said province of carolina , or any part thereof , the several goods and commodities herein after mentioned ; that is to say , silks , wines , currants , raisons , capers , wax , almonds , oyl and olives , without paying or answering to us , our heirs or successors , any custom , impost or other duty , for , or in respect thereof , for and during the term and space of seven years , to commence and be accompted from and after the first importation of four tons of any the said goods in any one bottom ship or vessel , from the said province , into any of our dominions ; as also , to export and carry out of any of our dominions into the said province of carolina , custom-free , all sorts of tools which shall be useful or necessary for the planters there , in the accomodation and improvement of the premises , any thing before in these presents contained , or any law , act , statute prohibition , or other matter or thing heretofore had , made , enacted or provided or hereafter to be had , made , enacted , or provided to the contrary in any wise notwithstanding . and furthermore , of our more ample and especial grace , certain knowledge and meer motion , we do for us , our heirs and successors , grant unto the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkley , anthony lord ashley , sir george carterett , sir vvilliam berkeley and sir john colleton , their heirs and assigns , full and absolute power and authority to make , erect and constitute within the said province of carolina , and the isles and islets aforesaid , such and so many sea-ports , harbours , creeks and other places , for discharge and unlading of goods and merchandizes out of ships , boats and other vessels , and for lading of them in such and so many places , and with such jurisdictions , priviledges and franchises , unto the said ports belonging , as to them shall seem most expedient ; and that all and singular , the ships , boats and other vessels , which shall come for merchandizes , and trade into the said province , or shall depart out of the same , shall be laden and unladen at such ports only as shall be erected and constituted by the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , and not elsewhere any use , custom , or any thing to the contrary in any wise , notwithstanding . and we do furthermore will , appoint and ordain by these presents , for us , our heirs and successors , do grant unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkely , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , that they the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilliam berkeley and sir john colleton , their heirs and assigns , may from time to time , for ever , have and enjoy the customs and subsidies in the ports , harbours , creeks and other places within the province aforesaid , payable for goods , merchandizes and wares there laded , or to be laded or unladed , the said customs to be reasonably assessed upon any occasion by themselves , and by and with the consent of the free people there , or the greater part of them , as aforesaid ; to whom we give power by these presents , for us , our heirs and successors , upon just cause and in a due proportion to assess and impose the same . and further , of our especial grace , certain knowledge and meer motion , we have given , granted and confirmed , and by these presents , for us , our heirs and successors , do give , grant and confirm unto the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilliam berkeley and sir john colleton , their heirs and assigns , full and absolute license , power and authority , that the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett . sir vvilliam berkley and sir john colleton , their heirs and assigns , from time to time , hereafter for ever , at his and their will and pleasure , may assign , alien , grant , demise or enfeoft the premises or any parts or parcells thereof to him or them , that shall be willing to purchase the same ; and to such person or persons , as they shall think fit , to have , and to hold to them the said person or persons , their heirs and assigns in fee simple or fee tayle , or for term of life or lives , or years to be held of them , the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley , and sir john colleton , their heirs and assigns , by such rents , services and customs , as shall seem meet to the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , and not immediately of us , our heirs and successors : and to the same person and persons , and to all and every of them , we do give and grant by these presents , for us , our heirs and successors , license , authority and power , that such person or persons , may have or take the premises , or any parcel thereof , of the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkely , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , and the same to hold to themselves , their heirs or assigns , in what estate of inheritance whatsoever , in fee simple , or in fee tayle , or otherwise , as to them and the said earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , shall seem expedient . the statute made in the parliament of edward , son of king henry , heretofore king of england , our predecessor , commonly called , the statute of quia emptores terrae ; or any other satute , act , ordinance , use , law , custom , or any other matter , cause or thing heretofore published or provided to the contrary in any wise notwithstanding . and because many persons born or inhabiting in the said province , for their deserts and services may expect , and be capable of marks of honour and favour , which in respect of the great distance cannot conveniently be conferred by us ; our will and pleasure therefore is , and we do by these presents , give and grant unto the said edward earl of clarendon , george duke of albemarle , willliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , full power and authority to give and conferr unto , and upon such of the inhabitants of the said province , as they shall think , do , or shall merit the same , such marks or favour , and titles of honour , as they shall think fit , so as these titles of honour be 〈…〉 conferred upon any the 〈◊〉 of this our kingdom of 〈◊〉 . and further also , we do by these presents , for us , our heirs and successors , give and grant , license to them the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , full power , liberty and license to erect , raise and build within the said province and places aforesaid , or any part or parts thereof , such and so many forts , fortresses , castles , cities , borroughs , towns , villages and other fortifications whatsoever , and the same or any of them to fortify and furnish with ordinance , powder , shot , armory and all other weapons , ammunition , habiliments of war , both offensive and defensive , as shall be thought fit and convenient for the safety and welfare of the said province , and places , or any part thereof , and the same , or any of them , from time to time , as occasion shall require , to dismantle , disfurnish , demolish and pull down , and also to place , constitute and appoint in , or over all , or any of the said castles , forts , fortifications , cities , towns and places aforesaid , governours , deputy governours , magistrates , sheriffs , and other officers , civil and military , as to them shall seem meet , and to the said cities , burroughs , towns , villages , or any other place , or places , within the said province , to grant letters or charters of incorporation , with all liberties , franchises , and priviledges requisite , and usual , or to , or within any corporations within this our kingdom of england granted , or belonging ; and in the same citties , burroughs , towns and other places , to constitute , erect and appoint such , and so many markets , marts and fairs , as shall in that behalf be thought fit and necessary ; and further also , to erect and make in the province aforesaid , or any part thereof , so many mannors as to them shall seem meet and convenient , and in every of the same mannors to have and to hold a court-baron with all things whatsoever , which to a court-baron do belong , and to have and to hold views of franck pledge and court-leet for the conservation of the peace , and better government of those parts , within such limits , jurisdictions and precincts , as by the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkely , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , or their heirs , shall be appointed for that purpose , with all things whatsoever , which to a court leet , or view of franck pledge ; do belong , the said court to be holden by stewards , to be deputed and authorized by the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , or their heirs , or by the lords of other mannors and leets for the time being , when the same shall be erected . and because that in so remote a country , and scituate among so many barbarous nations , and the invasions as well of salvages as other enemies ; pirates and robbers may probably be feared ; therefore we have given , and for us , our heirs and successors do give power by these presents , unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns by themselves , or their captains , or other their officers to levy , muster and train all sorts of men , of what condition , or wheresoever born in the said province , for the time being ; and to make war and pursue the enemies aforesaid , as well by sea , as by land ; yea , even within the limits of the said province , and by god's assistance , to vanquish and take them , and being taken , to put them to death by the law of war , or to save them at their pleasure ; and to do all and every other thing , which unto the charge and office of a captain general of an army , belongeth , or hath accustomed to belong , as fully and freely as any captain general of an army hath ever had the same . also , our will and pleasure is , and by this our charter , we give unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir gorge carterett , sir william berkeley and sir john colleton , their heirs and assigns , full power , liberty and authority in case of rebellion , tumult , or sedition ( if any should happen ) which god forbid either upon the land within the province aforesaid or upon the main sea , in making a voyage thither , or returning from thence , by him and themselves , their captains , deputies or officers , to be authorized under his or their seals , for that purpose : to whom also for us , our heirs and successors , we do give and grant by these presents , full power and authority to exercise martial law against mutinous and seditious persons of those parts , such as shall refuse to submit themselves to their government , or shall refuse to serve in the wars , or shall fly to the enemy , or forsake their colours or ensigns , or be loyterers or straglers , or otherwise howsoever offending against law , custom or discipline military , as freely , and in as ample manner and form as any captain general of an army , by virtue of his office , might , or hath accustomed to use the same . and our further pleasure is , and by these presents , for us , our heirs and successors , we do grant unto the said earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , and to the tenants and inhabitants of the said province of carolina , both present and to come , and to every of them , that the said province and the tennants and inhabitants thereof , shall not from henceforth , be held or reputed a member , or part of any collony what●oever , in america or elsewhere , now transported or made , or hereafter to be transported or made ; nor shall be depending on , or subject to their government in any thing , but be absolutely separated and divided from the same : and our pleasure is , by these presents , that they be separated , and that they be subject immediately to our crown of england , as depending thereof for ever . and that the inhabitants of the said province , nor any of them , shall at any time hereafter , be compelled or compellable , or be any ways subject , or liable to appear or answer to any matter , suit , cause , or plaint whatsoever , out of the province aforesaid , in any other of our islands , collonies or dominions in america or elsewhere , other than in our realm of england and dominion of wales . and because it may happen , that some of the people and inhabitants of the said province , cannot in their private opinions conform to the publick exercise of religion according to the liturgy , form and ceremonies of the church of england , or take and subscribe the oaths and articles made and established in that behalf ▪ and for that the same , by reason of the remote distances of these placees will we hope , be no breach of the unity , and uniformity , established in this nation . our will and pleasure therefore is , and we do by these presents for us , our heirs , and successors , give and grant unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley , and sir john colleton , their heirs and assigns , full and free license , liberty and authority , by such legal ways and means as they shall think fit to give and grant unto such person and persons , inhabiting , and being within the said province , or any part thereof , who really in their judgments , and for conscience sake , cannot , or shall not conform to the said liturgy and ceremonies , and take and subscribe the oaths and articles aforesaid , or any of them , such indulgences and dispensations , in that behalf , for , and during such time and times , and with such limitations and restrictions as they the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilliam berkely and sir john colleton , their heirs , or assigns , shall in their discretion think fit , and reasonable , and with this express proviso , and limitation also , that such person and proviso , to whom such indulgencies and dispensations shall be granted as aforesaid , do , and shall from time to time , declare , and continue all fidelity , loyalty and obedience to us , our heirs and successors , and be subject and obedient to all other the laws , ordinances and constitutions of the said province , in all matters whatsoever , as well ecclesiastical as civil , and do not in any wise disturb the peace and safety thereof , or scandalize , or reproach the said liturgy , forms and ceremonies , or any thing relating thereunto , or any person or persons whatsoever , for , or in respect of his , or their use , or exercise thereof , or his , or their obedience , or conformity thereunto . and in case it shall happen , that any doubts or questions should arise concerning the true sense and understanding of any word , clause or sentence , contained in this our present charter , we will ordain and command , that at all times , and in all things , such interpretation be made thereof , and allow'd in all and every of our courts whatsoever , as lawfully may be adjudged most advantageous and favourable to the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , although express mention be not made in these presents , of the true yearly value and certainty of the premises , or any part thereof , or of any other gifts and grants made by us , our ancestors , or predecessors , to them the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , or any other person , or persons whatsoever , or any statute , act , ordinance , provision , proclamation , or restraint heretofore had , made , published , ordained , or provided , or any other thing , cause , or matter whatsoever , to the contrary thereof , in any wise notwithstanding . in witness , &c. witness the king , at vvestminster , the four and twentieth day of march , in the fifteenth year of our reign . per ipsum regem . the second charter granted by king charles iid . to the proprietors of carolina . charles iid . by the grace of god , &c. whereas , by our letters patents , bearing date the four and twentieth day of march ; in the fifteenth year of our reign , we were graciously pleas'd to grant unto our right trusty , and right well-beloved cousin and counsellor edward earl of clarendon , our high chancellor of england , our right trusty , and right intirely beloved cousin and counsellor , george duke of albemarle , master of our horse , our right trusty , and well beloved william , now earl of craven , our right trusty and well-beloved counsellor , john lord berkeley , our right trusty , and well-beloved counsellor , anthony lord ashley , chancellor of our exchequer , our right trusty and well-beloved counsellor sir george carterett knight and baronet , vice-chamberlain of our houshold , our right trusty and well-beloved , sir john colleton knight and baronet , and sir william berkeley knight , all that province , territotory , or tract of ground , called carolina , scituate , lying and being within our dominions of america , extending from the north end of the island , called luke island , which lyeth in the southern virginia seas , and within six and thirty degrees of the northern latitude ; and to the west , as far as the south seas ; and so respectively as far as the river of mathias , which bordereth upon the coast of florida , and within one and thirty degrees of the northern latitude , and so west in a direct line , as far as the south seas aforesaid . now , know ye , that we , at the humble request of the said grantees in the aforesaid letters , patents named , and as a further mark of our especial favour towards them , we are gratiously pleased to enlarge our said grant unto them , according to the bounds and limits hereafter specifyed , and in favour to the pious and noble purpose of the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton ▪ and sir william berkeley , their heirs and assigns , all that province , territory , or tract of ground , scituate , lying , and being within our dominions of america aforesaid , extending north and eastward , as far as the north end of carahtuke river , or gulet , upon a streight westerly line , to wyonoake creek , which lyes within , or about the degrees of thirty six , and thirty minutes northern latitude , and so west , in a direct line as far as the south seas ; and south and westward , as far as the degrees of twenty nine inclusive northern latitude , and so west in a direct line , as far as the south seas ; together with all and singular ports , harbours , bays , rivers and islets , belonging unto the province or territory , aforesaid . and also , all the soil , lands , fields , woods , mountains , ferms , lakes , rivers , bays and islets , scituate , or being within the bounds , or limits , last before mentioned ; with the fishing of all sorts of fish , whales , sturgeons , and all other royal fishes in the sea , bays , islets and rivers , within the premises , and the fish therein taken ; together with the royalty of the sea , upon the coast within the limits aforesaid . and moreover ▪ all veins , mines and quarries , as well discovered as not discover'd , of gold , silver , gems and precious stones , and all other whatsoever ; be it of stones , mettal , or any other thing found , or to be found within the province , territory , islets and limits aforesaid . and furthermore , the patronage and avowsons of all the churches and chappels , which as christian religion shall encrease within the province , territory , isles and limits aforesaid , shall happen hereafter to be erected ; together with license and power to build and found churches , chappels and oratories in convenient and fit places , within the said bounds and limits ; and to cause them to be dedicated and consecrated , according to the ecclesiastical laws of our kingdom of england ; together with all and singular , the like , and as ample rights , jurisdictions , priviledges , prerogatives , royalties , liberties , immunities and franchises , of what kind soever , within the territory , isles , islets and limits aforesaid . to have , hold , use , exercise and enjoy the same as amply , fully , and in as ample manner as any bishop of durham in our kingdom of england , ever heretofore had , held , used , or enjoyed , or of right ought , or could have , use , or enjoy ; and them the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton , and sir william berkeley , their heirs and assigns ; we do by these presents , for us , our heirs and successors , make , create and constitute the true and absolute lords and proprietors of the said province , or territory , and of all other the premises , saving always the faith , allegiance and sovereign dominion due to us , our heirs and successors , for the same ; to have , hold , possess and enjoy the said province , territory , islets , and all and singular , other the premises , to them the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , for ever , to be holden of us , our heirs and successors , as of our mannor of east greenwich , in kent , in free and common soccage , and not in capite , or by knights service , yeilding and paying yearly to us , our heirs and successors , for the same the fourth part of all goods and silver oar , which within the limits hereby granted , shall from time to time , happen to be found , over and besides the yearly rent of twenty marks and the fourth part of the gold and silver oar , in and by the said recited letters patents reserved and payable . and that the province , or territory hereby granted and described , may be dignifyed with as large titles and priviledges as any other parts of our dominions and territories in that region . know ye , that we , of our further grace , certain knowledge and meer motion , have thought fit to annex the same tract of ground and territory , unto the same province of carolina ; and out of the fulness of our royal power and prerogative , we do for us , our heirs and successors , annex and unite the same to the said province of carolina . and forasmuch as we have made and ordained , the aforesaid edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , the true lords and proprietors of all the province or territory aforesaid . know ye therefore moreover , that we reposing especial trust and confidence in their fidelity , wisdom , justice and provident circumspection for us , our heirs and successors , do grant full and absolute power , by virtue of these presents , to them the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkeley ▪ and their heirs and assigns , for the good and happy government of the said whole province or territory , full power and authority to erect , constitute , and make several counties , baronies , and colonies , of and within the said provinces , territories , lands and hereditaments , in and by the said recited letter , patents , and these presents , granted , or mentioned to be granted , as aforesaid , with several and distinct jurisdictions , powers , liberties and priviledges . and also , to ordain , make and enact , and under their seals , to publish any laws and constitutions whatsoever , either appertaining to the publick state of the said whole provi●●● or territory , or of any distinct or particular county , barony or colony , of or within the same , or to the private utility of particular persons , according to their best discretion , by and with the advice , assent and approbation of the freemen of the said province or territory , or of the freemen of the county , barony or colony , for which such law or constitution shall be made , or the greater part of them , or of their delegates or deputies , whom for enacting of the said laws , when , and as often as need shall require , we will that the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , and their heirs or assigns , shall from time to time , assemble in such manner and form as to them shall seem best : and the same laws duly to execute upon all people within and the said province or territory , county , barony or colony the limits thereof , for the time being , which shall be constituted under the power and government of them , or any of them , either sailing towards the said province or territory of carolina , or returning from thence towards england , or any other of our , or forreign dominions , by imposition of penalties , imprisonment , or any other punishment : yea , if it shall be needful , and the quality of the offence require it , by taking away member and life , either by them , the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkeley and their heirs , or by them or their deputies , lieutenants , judges , justices , magistrates , or officers whatsoever , as well within the said province as at sea , in such manner and form as unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , and their heirs , shall seem most convenient : also , to remit , release , pardon and abolish , whether before judgement or after , all crimes and offences whatsoever , against the said laws ; and to do all and every other thing and things , which unto the ●ompleat establishment of justice , unto ●o●●ts , sessions and forms of judicature , and manners of proceedings therein , do bel●●g , al●●● in these presents , express 〈…〉 made thereof , and by judges , to 〈…〉 process , ●●●d pleas , and determine 〈…〉 judicature all actions ▪ suits and causes whatsoever , as well criminal as civil , real , mixt , personal , or of any other kind or nature whatsoever : which laws so as aforesaid , to be published . our pleasure is , and we do enjoyn , require and command , shall be absolutely firm and available in law ; and that all the leige people of us , our heirs and successors , within the said province or territory , do observe and keep the same inviolably in those parts , so far as they concern them , under the pains and penalties therein expressed , or to be expressed ; provided nevertheless , that the said laws be consonant to reason , and as near as may be conveniently , agreeeble to the laws and customs of this our realm of england . and because such assemblies of free-holders cannot be so suddenly called as there may be occasion to require the same . we do therefore by these presents , give and grant unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , by themselves or their magistrates in that behalf , lawfully authorized , full power and authority from time to time , to make and ordain fit and wholsome orders and ordinances , within the province or territory aforesaid , or any county , barony or province , of or within the same , to be kept and observed , as well for the keeping of the peace , as for the better government of the people there abiding , and to publish the same to all to whom it may concern : which ordinances we do , by these presents , streightly charge and command to be inviolably observed within the same province , countys , territorys , baronys and provinces , under the penalties therein expressed ; so as such ordinances be reasonable and not repugnant or contrary , but as near as may be agreeable to the laws and statutes of this our kingdom of england ; and so as the same ordinances do not extend to the binding , charging or taking away of the right or interest of any person or persons , in their freehold , goods or chattels , whatsoever . and to the end the said province or territory , may be the more happily encreased by the multitude of people resorting thither , and may likewise be the more strongly defended from the incursions of savages and other enemies , pirates and robbers . therefore , we for us , our heirs and successors , do give and grant by these presents , power , license and liberty unto all the leige people of us , our heirs and successors in our kingdom of england , or elsewhere , within any other our dominions , islands colonies or plantations ; ( excepting those who shall be especially forbidden ) to transport themselves and families into the said province or territory , with convenient shipping , and fitting provisions ; and there to settle themselves , dwell and inhabit , any law , act , statute , ordinance , or other thing to the contrary in any wise , notwithstanding . and we will also , and of our especial grace , for us , our heirs and successors , do streightly enjoyn , ordain , constitute and command , that the said province or territory , shall be of our allegiance ; and that all and singular , the subjects and leige people of us , our heirs and successors , transported , or to be transported into the said province , and the children of them , and such as shall descend from them , there born , or hereafter to be born , be , and shall be denizens and leiges of us , our heirs and successors of this our kingdom of england , and be in all things , held , treated and reputed as the leige faithful people of us , our heirs and successors , born within this our said kingdom , or any other of our dominions ; and may inherit , or otherwise purchase and receive , take , hold , buy and possess any lands , tenements or hereditaments , within the said places , and them may occupy , and enjoy , sell , alien and bequeath ; as likewise , all liberties , franchises and priviledges of this our kingdom , and of other our dominions aforesaid , may freely and quietly have , possess and enjoy , as our leige people born within the same , without the molestation , vexation , trouble or grievance of us , our heirs and successors , any act , statute , ordinance , provision to the contrary , notwithstanding . and furthermore , that our subjects of this our said kingdom of england , and other our dominions , may be the rather encouraged to undertake this expedition , with ready and chearful means . know ye , that we , of our especial grace , certain knowledge and meer motion , do give and grant , by virtue of these presents , as well to the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley and their heirs , as unto all others as shall , from time to time , repair unto the said province or territory , with a purpose to in habit there , or to trade with the natives thereof ▪ full liberty and license to lade and freight in every port whatsoever , of us , our heirs and successors ; and into the said province of carolina , by them , their servants and assigns , to transport all and singular , their goods , wares and merchandizes ; as likewise , all sort of grain whatsoever , and any other thing whatsoever , necessary for their food and cloathing , not prohibited by the laws and statutes of our kingdom and dominions , to be carried out of the same , without any lett or molestation of us , our heirs and successors , or of any other our officers or ministers whatsoever ; saving also to us , our heirs and successors , the customs , and other duties and payments due for the said wares and merchandizes , according to the several rates of the places from whence the same shall be transported . we will also , and by these presents , for us , our heirs and successors , do give and grant license by this our charter , unto the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkeley , their heirs and assigns , and to all the inhabitants and dwellers in the province or territory aforesaid , both present and to come , full power and absolute authority to import or unlade by themselves , or their servants , factors or assigns , all merchandizes and goods whatsoever , that shall arise of the fruits and commodities of the said province or territory , either by land or sea , into any the ports of us , our heirs and successors , in our kingdom of england , scotland or ireland , or otherwise , to dispose of the said goods , in the said ports . and if need be , within one year next after the unlading , to lade the said merchandizes and goods again into the same , or other ships ; and to export the same into any other countrys , either of our dominions or forreign , being in amity with us , our heirs and successors , so as they pay such customs , subsidies and other duties for the same to us , our heirs and successors , as the rest of our subjects of this our kingdom , for the time being , shall be bound to pay . beyond which we will not that the inhabitants of the said province or territory , shall be any ways charged . provided , nevertheless , and our will and pleasure is , and we have further , for the considerations aforesaid , of our 〈…〉 certain knowledge and meer motion , given and granted , and by these presents , for 〈…〉 heirs and successors , do give and grant unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , full and free license , liberty , power and authority , at any time or times , from and after the feast of s● michael the arch-angel , which shall be in the year of our lord christ , one thousand six hundred , sixty and seven ; as we●● to import and bring into any our dominions from the said province of carolina , or any part thereof , the several goods and commodities herein after mentioned ; that is to say , silks , wines , currants , raysons , capers , wax , almonds , oyl and olives , without paying or answering to us , our heirs and successors , any custom , impost , or other duty , for , or in respect thereof , for an during the time and space of seven years to commence and be accompted from and after the first importation of four tons of any the said goods , in any one bottom ship or vessel , from the said province or territory , into any of our dominions ; as also , to export and carry out of any of our dominions into the said province or territory , custom-free , all sorts of tools , which shall be useful or necessary for the planters there , in the accomodation and improvement of the premises , any thing before in these presents contained , or any law , act , statute , prohibibition , or other matter or thing , heretofore had , made , enacted or provided , or hereafter to be had , made , enacted or provided , in any wise notwithstanding . and furthermore , of our more ample and especial grace , certain knowledge and meer motion , we do for us , our heirs and successors , grant unto the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkeley , their heirs and assigns , full and absolute power and authority to make , erect and constitute within the said province or territory , and the isles and islets aforesaid , such and so many sea-ports , harbours , creeks and other places for discharge and unlading of goods and merchandizes out of ships , boats , and other vessels , and for lading of them in such and so many places , 〈…〉 such jurisdictions , priviledges and franchises , unto the said ports belonging , as to them shall seem most exped 〈…〉 and 〈…〉 ngular , the ships , boats and other vessels , which shall come for merchandizes , and trade into the said province or territory , or shall depart out of the same , shall be laden and unladen at such ports only , as shall be erected and constituted by the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkley , their heirs and assigns , and not elsewhere , any use , custom , or any thing to the contrary in any wise notwithstanding . and we do furthermore will , appoint and ordain , and by these presents , for us , our heirs and successors , do grant unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkely , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , that they the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkeley , their heirs and assigns , may from time to time , for ever , have and enjoy the customs and subsidies in the ports harbours , creeks and other places within the province aforesaid , payable for the goods , merchandizes and wares there laded , or be laded or unladed , the said customs to be reasonably assessed to upon any occasion by themselves , and by and with the consent of the free people , or the greater part of them , as aforesaid ; to whom we give power by these presents , for us , our heirs and successors , upon just cause and in a due proportion to assess and impose the same . and further , of our especial grace , certain knowledge and meer motion , we have given , granted and confirmed , and by these presents , for us , our heirs and successors , do give , grant and confirm unto the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkeley , their heirs and assigns , full and absolute power , license and authority , that they the said edward earl of clarendon , george duke of albemarle , vvilliam earl craven , john lord berkeley , anthony lord ashley , sir george carterett . sir john colleton and sir vvilliam berkley , their heirs and assigns , from time to time , hereafter for ever , at his and their will and pleasure , may assign , alien , grant , demise or enfeoff the premises or any part or parcell thereof to him or them , that shall be willing to purchase the same , and to such person and persons , as they shall think fit , to have , and to hold to them the said person or persons , their heirs and assigns in fee simple or in fee tayle , or for the term of life or lives , or years to be held of them , the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , by such rents , services and customs , as shall seem fit to them the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , and not of us , our heirs and successors : and to the same person and persons , and to all and every of them , we do give and grant by these presents , for us , our heirs and successors , license , authority and power , that such person or persons , may have and take the premises , or any parcel thereof , of the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkely , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , and the same to hold to themselves , their heirs or assigns , in what estate of inheritance soever , in fee simple , or in fee tayle , or otherwise , as to them the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkley , their heirs and assigns , shall seem expedient . the statute in the parliament of edward , son of king henry , heretofore king of england , our predecessor , commonly called , the statute of quia emptores terrar ; or any other satute , act , ordinance , use , law , custom , or any other matter , cause or thing heretofore published or provided to the contrary in any wise notwithstanding . and because many persons born and inhabiting in the said province for their deserts and services may expect , and be capable of marks of honour and favour , which in respect of the great distance cannot conveniently be conferred by us ; our will and pleasure therefore is , and we do by these presents , give and grant unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , 〈◊〉 heirs and assigns , full power and authority to give and conferr unto , and upon such of the inhabitants of the said province , or territory , as they shall think , do , or shall merit the same , such marks of favour , and titles of honour , as they shall think fit , so as their titles or honours be not the same as are enjoyed by , or conferred upon any of the subjects of this our kingdom of england . and further also , we do by these presents , for us , our heirs and successors , give and grant , license to them the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , full power , liberty and license , to erect , raise and build within the said province and places aforesaid , or any part or parts thereof , such and so many forts , fortresses , castles , cities , burroughs , towns , villages and other fortifications whatsoever ; and the same or any of them to fortify and furnish with ordnance , powder , shot , armour and all other weapons , ammunition and habiliments of war , both defensive and offensive , as shall be thought fit and convenient for the safety and welfare of the said province , and places , or any part thereof ; and the same , or any of them , from time to time , as occasion shall require , to dismantle , disfurnish , demolish and pull down ; and also to place , constitute and appoint in , or over all , or any of the said castles , forts , fortifications , cities , towns and places aforesaid , governours , deputy governours , magistrates , sheriffs and other officers , civil and military , as to them shall seem meet ; and to the said cities , burroughs , towns , villages , or any other place , or places , within the said province or territory , to grant letters or charters of incorporation , with all liberties , franchises and priviledges requisite , or usual , or to , or within this our kingdom of england granted , or belonging ; and in the same citties , burroughs , towns and other places , to constitute , erect and appoint such , and so many markets , marts and fairs , as shall in that behalf be thought fit and necessary ; and further also , to erect and make in the province or territory aforesaid , or any part thereof , so man mannors with such signories as to them shall seem meet and convenient , and in every of the same mannors to have and to hold a court-baron with all things whatsoever , which to a court-baron do belong , and to have and to hold views of franck pledge , and courts-leet , for the conservation of the peace , and better government of those parts , with such limits , jurisdiction and precincts , as by the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkely , anthony lord ashley , sir george carterett , sir john colleton , and sir william berkeley , or their heirs , shall be appointed for that purpose , with all things whatsoever , which to a court leet , or view of franck pledge ; do belong , the same courts to be holden by stewards , to be deputed and authorized by the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton , and sir william berkeley or their heirs , by the lords of the mannors and leets , for the time being , when the same shall be erected . and because that in so remote a country , and scituate among so many barbarous nations , the invasions as well of salvages as other enemies , pirates , and robbers may probably be feared ; therefore we have given , and for us , our heirs and successors do give power by these presents , unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs or assigns by themselves , or their captains , or other officers to levy , muster and train up all sorts of men , of what condition soever , or wheresoever born , whether in the said province , or elsewhere , for the time being ; and to make war and pursue the enemies aforesaid , as well by sea , as by land ; yea , even without the limits of the said province , and by god's assistance , to vanquish and take them , and being taken , to put them to death by the law of war , and to save them at their pleasure ; and to do all and every other thing , which to the charge and office of a captain general of an army belongeth , or hath accustomed to belong , as fully and freely as any captain general of an army hath had the same . also , our will and pleasure is , and by this our charter , we do give and grant unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir gorge carterett , sir john colleton and sir william berkeley , their heirs and assigns , full power , liberty and authority in case of rebellion , tumult , or sedition ( if any should happen which god forbid ) either upon the land within the province aforesaid , or upon the main sea , in making a voyage thither , or returning from thence , by him and themselves , their captains , deputies or officers , to be authorized under his or their seals , for that purpose : to whom also for us , our heirs and successors , we do give and grant by these presents , full power and authority to exercise martial law against mutinous and seditious persons of those parts ; such as shall refuse to submit themselves to their government , or shall refuse to serve in the wars , or shall fly to the enemy , or forsake their colours or ensigns , or be loyterers or straglers , or otherwise howsoever offending against law , custom , or military discipline , as freely , and in as ample manner and form as any captain general of an army , by virtue of his office , might , or hath accustomed to use the same . and our further pleasure is , and by these presents , for us , our heirs and successors , we do grant unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton , and sir william berkeley , their heirs and assigns , and to the tenants and inhabitants of the said province , or territory , both present and to come , and to every of them , that the said province , or territory , and the tennants and inhabitants thereof , shall not from henceforth , be held or reputed any member , or part of any collony whatsoever , in america or elsewhere , now transported or made , or hereafter to be transported or made ; nor shall be depending on , or subject to their government in any thing , but be absolutely separated and divided from the same : and our pleasure is , by these presents , that they be separated , and that they be subject immediately to our crown of england , as depending thereof for ever . and that the inhabitants of the said province or territory , nor any of them , shall at any time hereafter , be compelled or compellable , or be any ways subject , or li●●●● to appear or answer to any matter , suit , cause , or plaint whatsoever , out of the province or territory aforesaid , in any other of our 〈◊〉 , collonies or dominions in america , or elsewhere , other than in our 〈◊〉 of england and dominion of wales . and because it may happen , that some of the people and inhabitants of the said province , cannot in their private opinions conform to the publick exercise of religion according to the liturgy , forms and ceremonies of the church of england , or take or subscribe the oaths and articles made and established in that behalf : and for that the same , by reason of the remote distances of those places will as we hope , be no breach of the unity , and conformity , established in this nation . our will and pleasure therefore is , and we do by these presents for us , our heirs , and successors , give and grant unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , full and free licence , liberty and authority , by such ways and means as they shall think fit , to give and grant unto such person and persons , inhabiting , and being withi the said province or territory , hereby or by the said recited letters patents , mentioned to be granted as aforesaid , or any part thereof , such indulgencies and dispensations , in that behalf , for , and during such time and times , and with such limitations and restrictions as they the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkely , their heirs , or assigns , shall in their discretion think fit and reasonable . and that no person or persons , unto whom such liberty shall be given , shall be any way molested , punished , disquieted , or called in question for any differences in opinion or practise , in matters of religious concernment , who do not actually disturb the civil peace of the province , county or colony , that they shall make their abode in . but all and every such person and persons , may from time to time , and at all times , freely and quietly have and enjoy his and their judgments and consciences , in matters of religion , throughout all the said province , or colony , they behaving them selves peaceably , and 〈◊〉 this liberty to licentiousness , nor to the civil injury or outward disturbance of others . any law , statute or clause contained , or to be contained , 〈◊〉 or customs of our realm of england to the contrary hereof : any 〈◊〉 notwithstanding . and in case it shall happen , that any doubts or questions should arise concerning the true sense and understanding of any word , clause , or sentence , contained in this our present charter , we will , ordain , and command , that at all times , and in all things , such interpretations be made thereof , and allow'd in all and every of our courts whatsoever , as lawfully may be adjudged most advantageous and favourable to the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , although express mention &c. witness our self at westminster , the thirtieth day of june , in the seventeenth year of our reign . per ipsum regem . the fundamental constitutions of carolina . our sovereign lord the king having out of his royal grace and bounty , granted unto us the province of carolina , with all the royalties , proprieties , jurisdictions and privileges of a county palatine , as large and ample as the county palatine of durham , with other great privileges ; for the better settlement of the government of the said place , and establishing the interest of the lords proprietors with equality , and without confusion , and that the government of this province may be made most agreeable to the monarchy under which we live , and of which this province is a part ; and that we may avoid erecting a numerous democracy , we the lords and proprietors of the province aforesaid , have agreed to this following form of government , to be perpetually established amongst us , unto which we do oblige our selves , our heirs and successors , in the most binding ways that can be devised . § . 1. the eldest of the lords proprietors shall be palatine , and upon the decease of the palatine , the eldest of the seven surviving proprietors shall always succeed him . § . 2. there shall be seven other chief offices erected , viz. the admirals , chamberlains , chancellors , constable , chief-justices , high-stewards and treasurers ; which places shall be enjoy'd by none but the lords proprietors , to be 〈◊〉 at first 〈…〉 upon the vacancy of any one of the seven great 〈…〉 , or otherwise , the eldest proprietor shall 〈…〉 the said place . § . 3. the whole province shall be 〈◊〉 into counties ; each county shall consist of eight 〈◊〉 , eight baronies , and four precincts , each precinct shall consist of six colonies . § . 4. each signiory , barony and colony , shall consist of twelve thousand acres , the eight signiories being the share of the eight proprietors , and the eight baronies of the nobility , both which shares being each of them one fifth part of the whole , are to be perpetually annex'd the one to the proprietors , the other to the hereditary nobility , leaving the colonies , being three fifths , amongst the people ; that so in setting out , and planting the lands , the ballance of the government may be preserved . § . 5. at any time before the year one thousand seven hundred and one , any of the lords proprietors shall have power to relinquish , alienate , and dispose to any other person , his proprietorship , and all the signiories , powers , and interest thereunto belonging , wholly and intirely together , and not otherwise . but after the year one thousand seven hundred , those who are then lords proprietors , shall not have power to alienate , or make over their proprietorship , with the signories and privileges thereunto belonging , or any part thereof , to any person whatsoever , otherwise than as in § . 18. but it shall all descend unto their heirs male ; and , for want of heirs male , it shall all descend on that landgrave or cassique of carolina , who is descended of the next heirs female of the said proprietor ; and for want of such heirs , it shall descend on the next heir general ; and for want of such heirs , the remaining seven proprietors , shall , upon the vacancy , chuse a landgrave to succeed the deceased proprietor , who being chosen by the majority of the seven surviving proprietors , he and his heirs successively shall be proprietors , as fully to all intents and purposes as any of the rest . § . 6. that the number of eight proprietors may be constantly kept ; if upon the vacancy of any proprietorship , the seven surviving proprietors shall not chuse a landgrave to be a proprietor , before the second biennial parliament after the vacancy ; then the next biennial parliament but one , after such vacancy , shall have power to chuse any landgrave to be proprietor . § . 7. whosoever after the year one thousand seven hundred , either by inheritance or choice , shall succeed any proprietor in his proprietorship , and signiories thereunto belonging , shall be obliged to take the name and arms of that proprietor whom he succeeds ; which from thenceforth shall be the name and arms of his family and their posterity . § . 8. whatsoever landgrave or cassique shall any way come to be a proprietor , shall take the signiories annex'd to the said proprietorship ; but his former dignity , with the baronies annexed , shall devolve into the hands of the lords proprietors . § . 9. there shall be just as many landgraves as there are counties , and twice as many cassiques , and no more . these shall be the hereditary nobility of the province , and by right of their dignity be members of parliament . each landgrave shall have four baronies , and each cassique two baronies , hereditarily and unalterably annexed to , and settled upon the said dignity . § . 10. the first landgraves and cassiques of the twelve first counties to be planted , shall be nominated thus ; that is to say , of the twelve landgraves , the lords proprietors shall each of them separately for himself , nominate and chuse one ; and the remaining four landgraves of the first twelve , shall be nominated and chosen by the palatine's court. in like manner of the twenty four first cassiques , each proprietor for himself shall nominate and chuse two , and the remaining eight shall be nominated and chosen by the palatine's court ; and when the twelve first counties shall be planted , the lords proprietors shall again in the same manner nominate and chuse twelve more landgraves , and twenty four cassiques for the twelve next counties to be planted ; that is to say , two thirds of each number by the single nomination of each proprietor for himself , and the remaining one third by the joint election of the palatine's court , and so proceed in the same manner till the whole province of carolina be set out and planted , according to the proportions in these fundamental constitutions . § . 11. any landgrave or cassique at any time before the year one thousand seven hundred and one , shall have power to alienate , sell , or make over to any other person , his dignity , with the baronies thereunto belonging , all entirely together . but after the year one thousand seven hundred , no landgrave or cassique shall have power to alienate , sell , make over , or lett the hereditary baronies of his dignity , or any part thereof , otherwise than as in § . 18. but they shall all entirely , with the dignity thereunto belonging , descend unto his heirs male ; and for want of heirs male , all entirely and undivided , to the next heir general ; and for want of such heirs , shall devolve into the hands of the lords proprietors . § . 12. that the due number of landgraves and cassiques may be always kept up , if upon the devolution of any landgraveship or cassiqueship , the palatine's court shall not settle the devolved dignity , with the baronies thereunto annexed , before the second biennial parliament after such devolution , the next biennial parliament but one after such devolution shall have power to make any one landgrave or cassique in the room of him , who dying without heirs , his dignity and baronies devolved . § . 13. no one person shall have more than one dignity , with the signiores or baronies thereunto belonging . but whensoever it shall happen , that any one who is already proprietor , landgrave , or cassique , shall have any of these dignities descend to him by inheritance , it shall be at his choice to keep which of the dignities , with the lands annexed , he shall like best ; but shall leave the other , with the lands annexed , to be enjoyed by him , who not being his heir apparent , and certain successor to his present dignity , is next of blood. § . 14. whosoever by right of inheritance shall come to be landgrave or cassique , shall take the name and arms of his predecessor in that dignity , to be from thenceforth the name and arms of his family and their posterity . § . 15. since the dignity , of proprietor , landgrave , or cassique , cannot be divided , and the signiories or baronies thereunto annexed must for ever all entirely descend with , and accompany that dignity , whensoever for want of heirs male it shall descend on the issue female , the eldest daughter and heirs shall be preferred , and in the inheritance of those dignities , and in the signiories or baronies annexed , there shall be no co-heirs . § . 16. in every signiory , barony , and mannor , the respective lord shall have power in his own name to hold court-leet there , for trying of all causes both civil and criminial ; but where it shall concern any person being no inhabitant , vassal , or leetman of the said signiory , barony , or mannor , he upon paying down of forty shillings to the lords proprietors use , shall have an appeal from the signiory or barony court , to the county court , and from the mannor court to the precinct court. § . 17. every mannor shall consist of not less than three thousand acres , and not above twelve thousand acres in one entire piece and colony ; but any three thousand acres or more in one piece , and the possession of one man , shall not be a mannor , unless it be constituted a mannor by the grant of the palatine's court. § . 18. the lords of signiories and baronies shall have power only of granting estates not exceeding three lives , or thirty one years , in two thirds of the said signiories or baronies , and the remaining third shall be always demesne . § . 19. any lord of a mannor may alienate , sell , or dispose to any other person , and his heirs for ever , his mannor , all entirely together , with all the privileges and leetmen thereunto belonging , so far forth as any other colony lands , but no grant of any part thereof , either in fee , or for any longer term than three lives , or one and twenty years , shall be good against the next heir . § . 20. no mannor , for want of issue male , shall be divided amongst co-heirs ; but the mannor , if there be but one , shall all entirely descend to the eldest daughter and her heirs . if there be more mannors than one , the eldest daughter first shall have her choice , the second next , and so on ; beginning again at the eldest , till all the mannors be taken up ; that so the privileges which belong to mannors being indivisible , the lands of the mannors to which they are annexed , may be kept entire , and the mannor not lose those privileges , which upon parcelling out to several owners , must necessarily cease . § . 21. every lord of a mannor , within his mannor , shall have all the powers , jurisdictions , and privileges , which a landgrave or cassique hath in his baronies . § . 22. in every signiory , barony , and mannor , all the leet-men shall be under the jurisdiction of the respective lords of the said signiory , barony , or mannor , without appeal from him . nor shall any leet-man or leet-woman have liberty to go off from the land of their particular lord , and live any where else , without license obtained from their said lord , under hand and seal . § . 23. all the children of leet-men shall be leet-men , and so to all generations . § . 24. no man shall be capable of having a court-leet or leet-men , but a proprietor , landgrave , cassique , or lord of a mannor . § . 25. whoever shall voluntarily enter himself a leet-man in the registry of the county court , shall be a leet-man . § . 26. whoever is lord of leet-men , shall upon the marriage of a leet-man or leet-woman of his , give them ten acres of land for their lives , they paying to him therefore not more than one eighth part of all the yearly produce and growth of the said ten acres . § . 27. no landgrave or cassique shall be try'd for any criminal cause , in any but the chief-justice's court , and that by a jury of his peers . § . 28. there shall be eight supreme courts . the first called , the palatine's court , consisting of the palatine , and the other seven proprietors . the other seven courts of the other seven great officers , shall consist each of them of a proprietor , and six councellors added to him . under each of these latter seven courts shall be a college of twelve assistants . the twelve assistants of the several colleges shall be chosen ; two out of the landgraves , cassiques , or eldest sons of proprietors , by the palatine's court ; two out of the landgraves , by the landgraves chamber ; two out of the cassiques , by the cassiques chamber ; four more of the twelve shall be chosen by the commons chamber , out of such as have been , or are members of parliament , sheriffs , or justices of the county court , or the younger sons of proprietors , or eldest sons of landgraves of cassiques ; the two other shall be chosen by the palatine's court , out of the same sort of persons out of which the commons chamber is to chuse . § . 29. out of these colleges shall be chosen at first by the palatine's court , six councellers , to be joined with each proprietor in his court ; of which six , one shall be of those who were chosen into any of the colleges by the palatine's court , out of the landgraves , cassiques , or eldest sons of proprietors , one out of those who were chosen by the landgraves chamber , and one out of those who were chosen by the cassiques chamber , two out of those who were chosen by the commons chamber , and one out of those who were chosen by the palatine's court , out of the proprietors younger sons , or eldest sons of landgraves , cassiques , or commons , qualified as aforesaid . § . 30. when it shall happen , that any councellor dies , and thereby there is a vacancy , the grand council shall have power to remove any councellor that is willing to be removed out of any of the proprietors courts to fill up the vacancy , provided they take a man of the same degree and choice the other was of , whose vacant place is to be filled up . but if no councellor consent to be removed , or upon such remove , the last remaining vacant place in any of the proprietors courts , shall be filled up by the choice of the grand council , who shall have power to remove out of any of the colleges , any assistant , who is of the same degree and choice that councellor was of , into whose vacant place he is to succeed . the grand council also shall have power to remove any assistant that is willing , out of one college into another , provided he be of the same degree and choice . but the last remaining vacant place in any college , shall be filled up by the same choice , and out of the same degree of persons the assistant was of , who is dead or removed . no place shall be vacant in any proprietors court above six months . no place shall be vacant in any college longer than the next session of parliament . § . 31. no man , being a member of the grand council , or of any of the seven colleges , shall be turned out but for misdemeanor , of which the grand council shall be judge , and the vacancy of the person so put out shall be filled , not by the election of the grand council , but by those who first chose him , and out of the same degree he was of , who is expelled . but it is not hereby to be understood , that the grand council hath any power to turn out any one of the lords proprietors , or their deputies , the lords proprietors having in themselves an inherent original right . § . 32. all elections in the parliament , in the several chambers of the parliament , and in the grand council , shall be passed by balotting . § . 33. the palatine's court shall consist of the palatine , and seven proprietors , wherein nothing shall be acted without the presence and consent of the palatine or his deputy , and three others of the proprietors or their deputies . this court shall have power to call parliaments , to pardon all offences , to make elections of all officers in the proprieters dispose , and to nominate and appoint port-towns : and also shall have power , by their order to the treasurer , to dispose of all publick treasure , excepting money granted by the parliament , and by them directed to some particular publick use : and also shall have a negative upon all acts , orders , votes , and judgments , of the grand council and the parliament , except only as in § . 6. and 12. and shall have all the powers granted to the lords proprietors , by their patent from our sovereign lord the king , except in such things as are limited by these fundamental constitutions . § . 34. the palatine himself , when he in person shall be either in the army , or in any of the proprietors courts , shall then have the power of general , or of that proprietor in whose court he is then present , and the proprietor , in whose court the palatine then presides , shall during his presence there be but as one of the council . § . 35. the chancellor's court , consisting of one of the proprietors and his six councellors , who shall be called vice-chancellors , shall have the custody of the seal of the palatinate , under which all charters of lands or otherwise , commissions and grants of the palatine's court , shall pass . and it shall not be lawful to put the seal of the palatinate to any writing which is not signed by the palatine , or his deputy , and three other proprietors , or their deputies . to this court also belongs all state matters , dispatches and treaties with the neighbour indians . to this court also belongs all invasions of the law , of liberty of conscience , and all disturbances of the publick peace upon pretence of religion , as also the licence of printing . the twelve assistants belonging to this court shall be called recorders . § . 36. whatever passes under the seal of the palatinate , shall be register'd in that proprietor's court to which the matter therein contained belongs . § . 37. the chancellor or his deputy shall be always speaker in parliament , and president of the grand council , and in his and his deputy's absence , one of his vice-chancellors . § . 38. the chief-justice's court , consisting of one of the proprietors and his six councellors , who shall be called justices of the bench , shall judge all appeals in cases both civil and criminal , except all such cases as shall be under the jurisdiction and cognizance of any other of the proprietors courts , which shall be tried in those courts respectively . the government and regulation of the registries of writings and contracts , shall belong to the jurisdiction of this court. the twelve assistants of this court shall be called masters . § . 39. the constables court , consisting of one of the proprietors and his six councellors , who shall be called marshals , shall order and determine of all military affairs by land , and all land-forces , arms , ammunition , artillery , garrisons and forts , &c. and whatever belongs unto war. his twelve assistants shall be called lieutenant-generals . § . 40. in time of actual war , the constable , whilst he is in the army , shall be general of the army , and the six councellors , or such of them as the palatine's court shall for that time or service appoint , shall be the immediate great officers under him , and the lieutenant-generals next to them . § . 41. the admiral 's court , consisting of one of the proprietors and his six councellors called consuls , shall have the care and inspection over all ports , moles , and navigable rivers , so far as the tide flows , and also all the publick shipping of carolina , and stores thereunto belonging , and all maritime affairs . this court also shall have the power of the court of admiralty ; and shall have power to constitute judges in port-towns , to try cases belonging to law-merchant , as shall be most convenient for trade . the twelve assistants belonging to this court shall be called pro-consuls . § . 42. in time of actual war , the admiral whilst he is at sea , shall command in chief , and his six councellors , or such of them as the palatine's court shall for that time and service appoint , shall be the immediate great officers under him , and the pro-consuls next to them . § 43. the treasurer's court , consisting of a proprietor , and his six councellors , called vnder-treasurers , shall take care of all matters that concern the publick revenue and treasury . the twelve assistants shall be called auditors . § . 44. the high-stewards court , consisting of a proprietor and his six councellors , called comptrollers , shall have the care of all foreign and domestick trade , manufactures , publick buildings , work-houses , high-ways , passages by water above the floud of the tide , drains , sewers and banks , against inundations , bridges , posts , carriers , fairs , markets , corruption or infection of the common air or water , and all things in order to the publick commerce and health ; also setting out and surveying of lands ; and also setting out and appointing places for towns to be built on in the precincts , and the prescribing and determining the figure and bigness of the said towns , according to such models as the said court shall order , contrary or differing from which models , it shall not be lawful for any one to build in any town . this court shall have power also to make any publick building , or any new high-way , or enlarge any old high-way , upon any man's land whatsoever ; as also to make cuts , channels , banks , locks , and bridges , for making rivers navigable , or for draining fens , or any other publick use . the damage the owner of such lands ( on or through which any such publick thing shall be made ) shall receive thereby , shall be valued , and satisfaction made by such ways as the grand council shall appoint . the twelve assistants belonging to this court , shall be called surveyors . § . 45. the chamberlain's court , consisting of a proprietor and his six councellors , called vice-chamberlains , shall have the care of all ceremonies , precedency , heraldry , reception of publick messengers , pedegrees , the registry of all births , burials , and marriages , legitimation , and all cases concerning matrimony , or arising from it ; and shall also have power to regulate all fashions , habits , badges , games , and sports . to this court also it shall belong , to convocate the grand council . the twelve assistants belonging to this court , shall be called provosts . § . 46. all causes belonging to , or under the jurisdiction of any of the proprietors courts , shall in them respectively be tryed , and ultimately determined , without any farther appeal . § . 47. the proprietors courts shall have a power to mitigate all fines , and suspend all executions in criminal causes , either before or after sentence in any of the other inferior courts respectively . § . 48. in all debates , hearings or trials , in any of the proprietors courts , the twelve assistants belonging to the said courts respectively , shall have liberty to be present , but shall not interpose unless their opinions be required , nor have any vote at all ; but their business shall be , by the direction of the respective courts , to prepare such business as shall be committed to them ; as also to bear such offices , and dispatch such affairs , either where the court is kept , or elsewhere , as the court shall think fit . § . 49. in all the proprietors courts , the proprietor , and any three of his councellors shall make a quorum ; provided always , that for the better dispatch of business , it shall be in the power of the palatine's court to direct what sort of causes shall be heard and determined by a quorum of any three . § . 50. the grand council shall consist of the palatine and seven proprietors , and the forty two councellors of the several proprietors courts , who shall have power to determine any controversies that may arise between any of the proprietors courts , about their respective jurisdictions , or between the members of the same court , about their manner and methods of proceeding : to make peace and war , leagues , treaties , &c. with any of the neighbour indians : to issue out their general orders to the constable's and admiral 's courts , for the raising , disposing , or disbanding the forces by land or by sea. § . 51. the grand council shall prepare all matters to be proposed in parliament . nor shall any matter whatsover be proposed in parliament , but what hath first passed the grand council ; which after having been read three several days in the parliament , shall by majority of votes be passed or rejected . § . 52. the grand council shall always be judges of all causes and appeals that concern the palatine , or any of the lords proprietors , or any councellor of any proprietor's court , in any cause which otherwise should have been tried in the court in which the said councellor is judge himself . § . 53. the grand council by their warrants to the treasurer's court , shall dispose of all the money given by the parliament , and by them directed to any particular publick use . § . 54. the quorum of the grand council shall be thirteen , whereof a proprietor or his deputy shall be always one . § . 55. the grand council shall meet the first tuesday in every month , and as much oftner as either they shall think fit , or they shall be convocated by the chamberlain's court. § . 56. the palatine , or any of the lords proprietors , shall have power under hand and seal , to be registred in the grand council to make a deputy , who shall have the same power to all intents and purposes as he himself who deputes him , except in confirming acts of parliament , as in § . 76. and except also in nominating and chusing landgraves and cassiques , as in § . 10. all such deputations shall cease and determine at the end of four years , and at any time shall be revocable at the pleasure of the deputator . § . 57. no deputy of any proprietor shall have any power whilst the deputator is in any part of carolina , except the proprietor , whose deputy he is , be a minor. § . 58. during the minority of any proprietor , his guardian shall have power to constitute and appoint his deputy . § . 59. the eldest of the lords proprietors , who shall be personally in carolina , shall of course be the palatine's deputy ; and if no proprietor be in carolina , he shall chuse his deputy out of the heirs apparent of any of the proprietors , if any such be there ; and if there be no heir apparent of any of the lords proprietors above one and twenty years old in carolina , then he shall chuse for deputy any one of the landgraves at the grand council ; and till he have by deputation under hand and seal chosen any one of the forementioned heirs apparent or landgraves to be his deputy , the eldest man of the landgraves , and for want of a landgrave , the eldest man of the cassiques , who shall be personally in carolina , shall of course be his deputy . § . 60. each proprietor's deputy shall be always one of his own six councellors respectively ; and in case any of the proprietors hath not in his absence out of carolina a deputy , commissionated under his hand and seal , the eldest nobleman of his court shall of course be his deputy . § . 61. in every county there shall be a court , consisting of a sheriff and four justices of the county , for every precinct one . the sheriff shall be an inhabitant of the county , and have at least five hundred acres of freehold within the said county ; and the justices shall be inhabitants , and have each of them five hundred acres apiece freehold within the precinct for which they serve respectively . these five shall be chosen and commissionated from time to time by the palatine's court. § . 62. for any personal causes exceeding the value of two hundred pounds sterling , or in title of land , or in any criminal cause , either party , upon paying twenty pounds sterling to the lords proprietors use , shall have liberty of appeal from the county court unto the respective proprietor's court. § . 63. in every precinct there shall be a court , consisting of a steward and four justices of the precinct , being inhabitants , and having three hundred acres of freehold within the said precinct , who shall judge all criminal causes , except for treason , murther , and any other offences punishable with death , and except all criminal causes of the nobility ; and shall judge also all civil causes whatsoever ; and in all personal actions , not exceeding fifty pounds sterling , without appeal : but where the cause shall exceed that value , or concern a title of land , and in all criminal causes , there , either party , upon paying five pounds sterling to the lords proprietors use , shall have liberty of appeal to the county court. § . 64. no cause shall be twice tried in any one court , upon any reason or pretence whatsoever . § . 65. for treason , murther , and all other offences punishable with death , there shall be a commission , twice a year at least , granted unto one or more members of the grand council , or colleges , who shall come as itinerant judges to the several counties , and , with the sheriff and four justices shall hold assizes to judge all such causes : but upon paying of fifty pounds sterling to the lords proprietors use , there shall be liberty of appeal to the respective proprietor's court. § . 66. the grand-jury at the several assizes , shall , upon their oaths , and under their hands and seals , deliver in to the itinerant judges , a presentment of such grievances , misdemeanors , exigences , or defects which they think necessary for the publick good of the county ; which presentment shall by the itinerant judges , at the end of their circuit , be delivered in to the grand council at their next sitting . and whatsoever therein concerns the execution of laws already made , the several proprietors courts in the matters belonging to each of them respectively shall take cognizance of it , and give such orders about it , as shall be effectual for the due execution of the laws . but whatever concerns the making of any new law , shall be referred to the several respective courts to which that matter belongs , and be by them prepared and brought to the grand council . § . 67. for terms , there shall be quarterly such a certain number of days , not exceeding one and twenty at any one time , as the several respective courts shall appoint . the time for the beginning of the term in the precinct court , shall be the first monday in january , april , july and october ; in the county court , the first monday in february , may , august and november ; and in the proprietors courts , the first monday in march , june , september and december . § . 68. in the precinct court no man shall be a jury-man under fifty acres of freehold . in the county court , or at the assizes , no man shall be a grand jury-man under three hundred acres of freehold ; and no man shall be a petty jury-man under two hundred acres of freehold . in the proprietors courts no man shall be a jury-man under five hundred acres of freehold . § . 69. every jury shall consist of twelve men ; and it shall not be necessary they should all agree , but the verdict shall be according to the consent of the majority . § . 70. it shall be a base and vile thing to plead for money or reward ; nor shall any one ( except he be a near kinsman , not farther off than cousin-german to the party concern'd ) be permitted to plead another man's cause , till before the judge in open court he hath taken an oath , that he doth not plead for money or reward , nor hath nor will receive , nor directly nor indirectly bargain'd with the party whose cause he is going to plead , for money or any other reward for pleading his cause . § . 71. there shall be a parliament , consisting of the proprietors , or their deputies , the landgraves and cassiques , and one freeholder out of every precinct , to be chosen by the freeholders of the said precinct respectively . they shall sit altogether in one room , and have every member one vote . § . 72. no man shall be chosen a member of parliament , who hath less than five hundred acres of freehold within the precinct for which he is chosen ; nor shall any have a vote in chusing the said member that hath less than fifty acres of freehold within the said precinct . § . 73. a new parliament shall be assembled the first monday of the month of november every second year , and shall meet and sit in the town they last sat in , without any summons , unless by the palatine's court they be summon'd to meet at any other place . and if there shall be any occasion of a parliament in these intervals , it shall be in the power of the palatine's court to assemble them in forty days notice , and at such time and place as the said court shall think fit ; and the palatine's court shall have power to dissolve the parliament when they shall think fit . § . 74. at the opening of every parliament , the first thing that shall be done , shall be the reading of these fundamental constitutions , which the palatine and proprietors , and the rest of the members then present , shall subscribe . nor shall any person whatsoever sit or vote in the parliament , till he hath that session subscribed these fundamental constitutions , in a book kept for that purpose by the clerk of the parliament . § . 75. in order to the due election of members for the biennial parliament , it shall be lawful for the freeholders of the respective precincts to meet the first tuesday in september every two years , in the same town or place that they last met in to chuse parliament-men , and there chuse those members that are to sit the next november following , unless the steward of the precinct shall by sufficient notice thirty days before , appoint some other place for their meeting , in order to the election . § . 76. no act or order of parliament shall be of any force , unless it be ratified in open parliament during the same session , by the palatine or his deputy , and three more of the lords proprietors , or their deputies , and then not to continue longer in force but until the next biennial parliament , unless in the mean time it be ratified under the hands and seals of the palatine himself , and three more of the lords proprietors themselves , and by their order publish'd at the next biennial parliament . § . 77. any proprietor or his deputy may enter his protestation against any act of the parliament , before the palatine or his deputy's consent be given as aforesaid , if he shall conceive the said act to be contrary to this establishment , or any of these fundamental constitutions of the government . and in such case , after a full and free debate , the several estates shall retire into four several chambers , the palatine and proprietors into one , the landgraves into another , the cassiques into another , and those chosen by the precincts into a fourth ; and if the major part of any of the four estates shall vote , that the law is not agreeable to this establishment , and these fundamental constitutions of the government , then it shall pass no farther , but be as if it had never been proposed . § . 78. the quorum of the parliament shall be one half of those who are members , and capable of sitting in the house that present sessions of parliament . the quorum of each of the chambers of parliament , shall be one half of the members of that chamber . § . 79. to avoid multiplicity of laws , which by degrees always change the right foundations of the original government ; all acts of parliament whatsoever , in whatsoever form passed or enacted , shall at the end of a hundred years after their enacting , respectively cease and determine of themselves , and without any repeal become null and void , as if no such acts or laws had ever been made . § . 80. since multiplicity of comments , as we ●●a● of laws , have great inconveniences , and serve only to obscure and perplex ; all manner of comments and expositions on any part of these fundamental constitutions , or any part of the common or statute law of carolina , are absolutely prohibited . § . 81. there shall be a registry in every precinct , wherein shall be enrolled all deeds , leases , judgments , mortgages , and other conveyances , which may concern any of the land within the said precinct ; and all such conveyances not so entred or registred , shall not be of force against any person nor party to the said contract or conveyance . § . 82. no man shall be register of any precinct , who hath not at least three hundred acres of freehold within the said precinct . § . 83. the freeholders of every precinct shall nominate three men , out of which three the chief justice's court shall chuse and commission one to be register of the said precinct , whilst he shall well behave himself . § . 84. there shall be a registry in every signiory , barony , and colony ▪ wherein shall be recorded all the births , marriages , and deaths , that shall happen within the respective signiories , baronies , and colonies . § . 85. no man shall be register of a colony that hath not above fifty acres of freehold within the said colony . § . 86. the time of every one's age that is born in carolina , shall be reckoned from the day that his birth is entred in the registry , and not before . § . 87. no marriage shall be lawful , whatever contract and ceremony they have used , till both the parties mutually own it before the register of the place , where they were married , and he register ●● with the names of the father and mother of each party . § . 88. no man shall administer to the goods , or have right to them , or enter upon the estate of any person deceased , till his death be registred in the respective registry . § . 89. he that doth not enter in the respective registry , the birth or death of any person that is born , or dies in his house or ground , shall pay to the said register one shilling per week , for each such neglect , reckoning from the time of each birth or death respectively , to the time of registring it . § . 90. in like manner the births , marriages , and deaths of the lords proprietors , landgraves , and cassiques , shall be registred in the chamberlain's court. § . 91. there shall be in every colony one constable , to be chosen annually by the freeholders of the colony : his estate shall be above a hundred acres of freehold within the said colony , and such subordinate officers appointed for his assistance , as the county court shall find requisite , and shall be established by the said county court. the election of the subordinate annual officers shall be also in the freeholders of the colony . § . 92. all towns incorporate shall be governed by a mayor , twelve aldermen , and twenty four of the common-council . the said common-council shall be chosen by the present housholders of the said town ; the aldemen shall be chosen out of the common-council , and the mayor out of the aldermen by the palatine's court. § . 93. it being of great consequence to the plantation , that port-towns should be built and preserved ; therefore whosoever shall lade or unlade any commodity at any other place but a port-town , shall forfeit to the lords proprietors for each tun so laden or unladen , the sum of ten pounds sterling , except only such goods , as the palatine's court shall licence to be laden or unladen elsewhere . § . 94. the first port-town upon every river , shall , be in a colony , and be a port-town for ever . § . 95. no man shall be permitted to be a freeman of carolina , or to have any estate or habitation within it , that doth not acknowledge a god , and that god is publickly and solemnly to be worshipped . § . 96. as the country comes to be sufficiently planted and distributed into fit divisions , it shall belong to the parliament to take care for the building of churches , and the publick maintenance of divines , to be employed in the exercise of religion , according to the church of england , which being the only true and orthodox , and the national religion of all the king's dominions , is so also of carolina , and therefore it alone shall be allowed to receive publick maintenance by grant of parliament . but since the natives of that place who will be concerned in our plantation , are utterly strangers to christianity , whose idolatry , ignorance , or mistake , gives us no right to expel , or use them ill ; and those who remove from other parts to plant there , will unavoidably be of different opinions concerning matters of religion , the liberty whereof they will expect to have allowed them , and it will not be reasonable for us , on this account , to keep them out ; that civil peace may be maintained amidst the diversity of opinions , and our agreement and compact with all men , may be duly and faithfully observed , the violation thereof upon what pretence soever , cannot be without great offence to almighty god , and great scandal to the true religion which we profess ; and also that jews , heathens , and other dissenters from the purity of christian religion , may not be scared and kept at a distance from it , but by having an opportunity of acquainting themselves with the truth and reasonableness of its doctrines , and the peaceableness and inoffensiveness of its professors , may by good vsage and perswasion , and all those convincing methods of gentleness and meekness , suitable to the rules and design of the gospel , be won over to embrace , and unfeignedly receive the truth ; therefore , any seven , or more persons agreeing in any religion , shall constitute a church or profession , to which they shall give some name , to distinguish it from others . § . 98. the terms of admittance and communion with any church or profession , shall be written in a book , and therein be subscribed by all the members of the said church or profession ; which book shall be kept by the publick register of the precinct where they reside . § . 99. the time of every ones subscription and admittance , shall be dated in the said book , or religious record . § . 100. in the terms of communion of every church or profession , these following shall be three , without which no agreement or assembly of men , upon pretence of religion , shall be accounted a church or profession , wiehin these rules : i. that there is a god. ii. that god is publickly to be worshipped . iii. that it is lawful , and the duty of every man , being thereunto called by those that govern , to bear witness to truth ; and that every church or profession shall in their terms of communion set down the external way whereby they witness a truth as in the presence of god , whether it be by laying hands on , or kissing the bible , as in the church of england , or by holding up the hand , or any other sensible way . § . 101. no person above seventeen years of age , shall have any benefit or protection of the law , or be capable of any place of profit or honour , which is not a member of some church or profession , having his name recorded , in some one and but one religious record , at once . § . 102. no person of any other church or profession , shall disturb or molest any religious assembly . § . 103. no person whatsoever , shall speak anything in their religions assembly , irreverently or seditiously , of the government or governours , or state-matters . § . 104. any person subscribing the terms of communion in the record of the said church or profession , before the precinct register , and any five members of the said church or profession , shall be thereby made a member of the said church or profession . § . 105. any person striking out his own name , out of any religious record , or his name being struck out by any officer thereunto authorized by each church or profession respectively , shall cease to be a member of that church or profession . § . 106. no man shall use any reproachful , reviling , or abusive language , against the religion of any church or profession , that being the certain way of disturbing the peace , and of hindring the conversion of any to the truth , by engaging them in quarrels and animosities , to the hatred of the professors and that profession , which otherwise they might be brought to assent to . § . 107. since charity obliges us to wish well to the souls of all men , and religion ought to alter nothing in any man 's civil estate or right , it shall be lawful for slaves as well as others , to enter themselves , and be of what church or profession any of them shall think best , and thereof be as fully members as any freeman . but yet no slave shall hereby be exempted from that civil dominion his master hath over him , but be in all other things in the same state and condition he was in before . § . 108. assemblies , upon what pretence soever of religion , not observing and performing the abovesaid rules , shall not be esteemed as churches , but unlawful meetings , and be punished as other riots . § . 109. no person whatsoever , shall disturb , molest or persecute another for his speculative opinions in religion , or his way of worship . § . 110. every freeman of carolina shall have absolute power and authority over his negro slaves , of what opinion or religion soever . § . 111. no cause , whether civil or criminal , of any freeman , shall be tried in any court of judicature , without a jury of his peers . § . 112. no person whatsoever shall hold or claim any land in carolina by purchase or gift , or otherwise , from the natives or any other whatsoever , but meerly from and under the lords proprietors , upon pain of forfeiture of all his estate , moveable or immoveable , and perpetual banishment . § . 113. whosoever shall possess any freehold in carolina , upon what title or grant soever , shall at the farthest from and after the year one thousand six hundred eighty nine , pay yearly unto the lords proprietors for each acre of land , english measure , as much fine silver as is at this present in one english penny , or the value thereof to be as a chief rent and acknowledgment to the lords proprietors , their heirs and successors for ever . and it shall be lawful for the palatine's court by their officers at any time , to take a new survey of any man's land , not to out him of any part of his possession , but that by such a survey the just number of acres he possesseth , may be known , and the rent thereupon due , may be paid by him . § . 114. all wrecks , mines , minerals , quarries of gems , and precious stones , with pearl-fishing , whale-fishing , and one half of all ambergreece , by whomsoever found , shall wholly belong to the lords proprietors . § 115. all revenues and profits belonging to the lords proprietors , in common , shall be divided into ten parts , whereof the palatine shall have three , and each proprietor one ; but if the palatine shall govern by a deputy , his deputy shall have one of those three tenths , and the palatine the other two tenths . § . 116. all inhabitants and freemen of carolina above seventeen years of age , and under sixty , shall be bound to bear arms , and serve as soldiers whenever the grand council shall find it necessary . § . 117. a true copy of these fundamental constitutions shall be kept in a great book by the register of every precinct , to be subscribed before the said register . nor shall any person , of what condition or degree soever , above seventeen years old , have any estate or possession in carolina , or protection or benefit of the law there , who hath not before a precinct register subscribed these fundamental constitutions in this form : i a. b. do promise to bear faith and true allegiance to our soveraign lord king charles the second , his heirs and successors ; and will be true and faithfull to the palatine and lords proprietors of carolina , their heirs and successors , and with my utmost power will defend them , and maintain the government according to this establishment in these fundamental constitutions . § . 118. whatsoever alien shall in this form , before any precinct register subscribe these fundamental constitutions , shall be thereby naturalized . § . 119. in the same manner shall every person at his admittance into any office , subscribe these fundamental constitutions . § . 120. these fundamental constitutions , in number a hundred and twenty , and every part thereof , shall be and remain the sacred and unalterable form and rule of government of carolina , for ever . witness our hands and seals , the first day of march , 1669. rules of precedency . 1. the lords proprietors , the eldest in age first , and so in order . 2. the eldest sons of the lords proprietors , the eldest in age first , and so in order . 3. the landgraves of the grand council , he that hath been longest of the grand council first , and so in order . 4. the cassiques of the grand council , he that hath been longest of the grand council first , and so in order . 5. the seven commoners , of the grand council that have been longest of the grand council , he that hath been longest of the grand council first , and so in order . 6. the youngest sons of proprietors , the eldest first , and so in order . 7. the landgraves , the eldest in age first , and so in order . 8. the seven commoners , who next to those before mentioned have been longest of the grand council , he that hath been longest of the grand council first , and so in order . 9. the cassiques , the eldest in age first , and so in order . 10. the seven remaining commoners of the grand council , he that hath been longest of the grand council first , and so in order . 11. the male line of the proprietors . the rest shall be determined by the chamberlain's court. copy of the fundamental constitutions of carolina . agreed on by all the lords proprietors , and signed and sealed by them , ( the original being sent to carolina by major daniel : ) april the eleventh , 1698. our late sovereign lord king charles iid , having out of his royal grace and bounty , granted unto us , the province of carolina , with all the royalties , properties , jurisdictions and priviledges of a county palatine , as large and ample as the county palatine of durham , with other great priviledges ; for the better settlement of the government of the said place , and establishing the interest of the lords proprietors with equality , and without confusion ; and that the government may be made most agreeable to the monarchy under which we live , and of which this province is a part ; and that we may avoid erecting a numerous democracy , we the lords proprietors of the province aforesaid , with the advice and consent of the landgraves and cassiques and commons in this present parliament assembled , have agreed to this following form of government , to be perpetually establish'd amongst us , unto which we do oblige our selves , our heirs and successors , in the most binding ways that can be devised . 1. the proprietor's court shall consist of the palatine , and seven proprietors ; wherein nothing shall be acted without the presence and consent of the palatine , and three others of the lords proprietors : this court shall have power to call and dissolve parliaments , to pardon all offences , to make elections of all offices in the proprietor's disposal , to nominate and appoint port towns ; and also , shall have power by their order , to the treasurer , to dispose of all publick treasure , excepting money granted by the parliament , and by them directed to some particular publick use : and also , shall have a negative upon all acts , orders , votes and judgments of the parliament . and shall have all power granted to the lords proprietors , by their patent , from our sovereign lord the king , except in such things as are limited by these fundamental constitutions . 2. during the absence of the palatine and proprietors from carolina , the governour , commissionated by the proprietors , together with their respective deputies , shall be the proprietor's court there , and shall have all the powers above mentioned , excepting in pardoning offences , and constituting port-towns . 3. in the proprietor's court , the palatine , and any three of the proprietors or the governour , and any three of the proprietor's deputys shall make a quorum . 4. no deputy of any proprietor shall have any power , whilst the deputator is in any part of carolina , except the proprietor ( whose deputy he is ) be a minor. 5. during the minority of any proprietor , his guardian shall have power to constitute and appoint his deputy . 6. there shall be a parliament , consisting of the proprietors or their deputies , by themselves , the landgraves and cassiques in the upper house , and the freeholders out of every county , to be chosen by the freeholders of the said county , respectively ; together with the citizens and burgesses , to be elected by the cities and borroughs ( which shall be hereafter created ) in the lower house . 7. and since all power and dominion is most naturally founded in property , and that it is reasonable that every man , who is empowered to dispose of the property and estate of others , should have a property of his own , whereby he is tyed in interest to the good and welfare of that place and government , whereby he is entrusted with such power ; it is therefore declared and appointed , that no person shall be admitted , or shall continue to sit or vote in parliament as a landgrave , who has not actually taken up , and has in his possession at least , _____ acres , part of the land granted him in his patent and _____ slaves , or in the possession of his tennants , _____ acres of land. and whose real and personal estate shall not be worth at least , _____ pounds : nor as a cassique to sit or vote in parliament , who has not actually taken up , and has in his possession at least , _____ acres , part of the land granted him in his patent and _____ slaves , or in the possession of his tenants _____ acres of land. and whose real and personal estate shall not be worth at least , _____ pounds 8. no person shall be admitted , or continue to sit or vote in parliament as a representative of the commons of carolina , who is not possess'd of at least , _____ acres of land : and whose real and personal estate is not worth _____ pounds . 9. no person shall be capable of giving his voice for the election of a member to serve in parliament , that is not actually possess'd of _____ acres of land , and is a housholder , and has a family , and whose real and personal estate does not amount to _____ pounds . 10. the present number of the representatives of the commons shall be _____ who ( as the country shall encrease ) shall also proportionably be encreased , if the commons do so desire , but shall in no future time be encreased , beyond one hundred . 11. and pursuant to that just maxim of government above mentioned , and for the preservation of the ballance of power , according to the proportion of the property , it is declared and appointed , that the number of the representatives of the people to be sent from any county or place , shall be more or less , according to the charges born , and money paid by each respective division of the country , in the last general assessment foregoing such election . 12. the landgraves and cassiques who compose the upper-house , shall not at any time exceed half the number of the commons . 13. the landgraves and cassiques shall be created by the lords proprietors letters patents , under their great seal , by the joynt election of the proprietors , or a quorum of them , which shall be the hereditary nobility of the province of carolina ; and by righ● of their dignity , be members of the upper-house of parliament , each landgrave shall have _____ acres of land , to be taken up in _____ several counties and each cassique _____ acres of land to be taken up in _____ several counties , and the said honour and dignity shall descend to the eldest son , unless by deed or will devis'd to any other of the sons , or for want of sons to the eldest daughter ; unless as aforesaid ; and for want of such to the next heir ( unless devised as aforesaid by deed or will ) to be attested by three credible witnesses , whereof one at least to be of the nobility ) to any other person . 14. and to the end , that such an order of persons being made noble , and invested with great powers and privileges , whereby to engage them in a more particular affection towards this settlement and country of carolina , may not fall into contempt , or be any ways injurious to the constitution of the government , it is declared and appointed that whatsoever landgrave or cassique , his heirs and successors , shall not be qualified as in article 7th , and so be excluded from the aforesaid priviledge of sitting and voting in the upper house , and shall continue defective in the said qualification for the space of forty years successively , such landgrave or cassique , his heirs and successors shall from thenceforth be for ever utterly excluded , and his or their dignity , honour , priviledge and title of landgrave or cassique shall cease and be utterly lost , and the letters patents of creation of such dignity shall be vacated . 15. and in order to the due election of members for the biennial parliament , it shall be lawful for the freeholders of the respective precinct to meet the first tuesday in september every two years , in the same town or place they last met in , to choose parliament-men , and there to choose those members that are to sit ▪ next november following , unless the proprietors court shall by sufficient notice _____ days before , appoint some other place for their meeting . 16. a new parliament shall be assembled the first monday of the month of november every second year , and shall meet and sit in the town they last sat in , without any summons , unless by the proprietors court in carolina they be summoned to meet at any other place , and if there shall be occasion of a parliament in these intervals , it shall be in the power of the proprietors court to assemble them in _____ days notice , and at such time and place , as the court shall think fit . 17. at the opening of every parliament , the first thing that shall be done , shall be the reading of these fundamental constitutions , which the palatine and the proprietors , and the members then present , shall subscribe ; nor shall any person whatsoever sit or vote in the parliament , till he has in that session subscrib'd these fundamental constitutions , in a book kept for that purpose , by the clerk of the parliament . 18. any act or order of parliament that is ratifyed in open parliament , during the same session , by the governor and three more of the lords proprietors deputies , shall be in force , and continue till the palatine himself and three more of the lords proprietors themselves signifie their dissent to any of the said acts or orders , under their hands and seals . but if ratified under their hands and seals , then to continue according to the time limited in such act. 19. the whole province shall be divided into counties by the parliament . 20. no proprietor , landgrave or cassique , shall hereafter take up a signory or barony that shall exceed four thousand acres or thereabouts for a proprietor or landgrave ; and two thousand acres or thereabouts , for a cassique in one county . 21. no cause , whether civil or criminal , of any freeman , shall be tryed in any court of judicature , without a jury of his peers . 22. no landgrave or cassique shall be tryed for any criminal cause in any but the chief justices court , and that by a jury of his peers , unless a sufficient number of such cannot be legally had , and then to be supplyed by the best and most sufficient free-holders . 23. if upon the decease of the governor , no person be appointed by the lords proprietors to succeed him , then the proprietor's deputies shall meet and choose a governor , till a new commission be sent from the lords proprietors , under their hands and seals . 24. ballotting shall be continued in all elections of the parliament , and in all other cases where it can conveniently be used . 25. no man shall be permitted to be a freeman of carolina , or to have any estate or habitation within it , that does not acknowledge a god , and that god is publickly and solemnly to be worshipped . 26. as the country comes to be sufficiently planted and distributed into fit divisions , it shall belong to the parliament to take care for the building of churches , and the publick maintenance of divines to be employed in the exercise of religion , according to the church of england , which being the only true and orthodox , and the national religion of the king's dominions , is so also of carolina , and therefore it alone shall be allowed to receive publick maintenance by grant of parliament . 27. any seven or more persons agreeing in any religion , shall constitute a church or profession , to which they shall give some name to distinguish it from others . 28. the terms of admittance and communion with any church or profession , shall be written in a book , and therein be subscribed by all the members of the said church or profession , which shall be kept by the publick register of the precinct wherein they reside . 29. the time of every one's subscription and admittance , shall be dated in the said book of religious records . 30. in the terms of communion of every church or profession , these following shall be three , without which no agreement or assembly of men upon pretence of religion shall be accounted a church or profession , within these rules : i. that there is a god. ii. that god is publickly to be worshipped . iii. that it is lawful , and the duty of every man , being thereunto called by those that govern , to bear witness to truth , and that every church or profession shall in their terms of communion set down the external way whereby they witness a truth as in the presence of god , whether it be by laying hands on , or kissing the bible , as in the church of england , or by holding up the hand , or any sensible way . 31. no person above seventeen years of age , shall have any benefit or protection of the law , or be capable of any place of profit or honour , who is not a member of some church or profession , having his name recorded in some one , and but one religious record at once . 32. no person of any church or profession shall disturb or molest any religious assembly . 33. no person whatsoever shall speak any thing in their religious assembly , irreverently or seditiously of the government or governour , or of state-matters . 34. any person subscribing the terms of communion in the records of the said church or profession before the precinct register , and any five members of the said church or profession , shall be thereby made a member of the said church or profession . 35. any person striking out his own name out of any religious records , or his name being struck out by any officer thereunto authorized by each church or profession respectively , shall cease to be a member of that church or profession . 36. no man shall use any reproachful , reviling or abusive language against the religion of any church of profession , that being the certain way of disturbing the peace , and of hindering the conversion of any to the truth , by engaging them in quarrels , and animosities , to the hatred of the professors and that profession , which otherwise they may be brought to assent to . 37. since charity obliges us to wish well to the souls of all men , and religion ought to alter nothing in any man 's civil estate or right , it shall be lawful for slaves as well as others , to enter themselves , and be of what church or profession any of them shall think best , and thereof be as fully members as any freeman ; but yet no slave shall hereby be exempted from that civil dominion his master had over him , but be in all other things in the same state and condition he was in before . 38. assemblys upon what pretence soever of religion , not observing and performing the abovesaid rules , shall not be esteemed as churches , but unlawful meetings , and be punished as other riots . 39. no person whatsoever shall disturb , molest or prosecute another for his speculative opinions in religion , or his way of worship . 40. every freeman of carolina shall have absolute power and authority over his negro slave , of what opinion or religion soever . 41. any person at his admittance into any office or place of trust whatsoever , shall subscribe these fundamental constitutions in this form : i a. b. do promise to bear faith and true allegiance to our soveraign lord king william , and will be true and faithful to the palatine and lords proprietors of carolina , their heirs and successors , and with my utmost power will defend them , and maintain the government according to this establishment , in these fundamental constitutions . these fundamental constitutions in number forty one , and every part thereof shall be and remain the inviolable form and rule of government of carolina , for ever . witness our hands and seals , this eleventh day of april , 1698. bath palatine . a. ashley . craven . bath for the lord carterett . william thornburgh for sir john colleton . tho. amy. william thornburgh . finis . a seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all english freemen ... seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56227 of text r13248 in the english short title catalog (wing p4122). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 156 kb of xml-encoded text transcribed from 32 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56227 wing p4122 estc r13248 14054328 ocm 14054328 102097 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56227) transcribed from: (early english books online ; image set 102097) images scanned from microfilm: (early english books, 1641-1700 ; 288:7) a seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all english freemen ... seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. prynne, william, 1600-1669. 60 p. s.n., [s.l. : 1654] caption title. attributed to william prynne. cf. wing. date of publication from wing. reproduction of original in national library of scotland (advocates'). marginal notes. eng constitutional history -great britain. great britain -politics and government -1649-1660. a56227 r13248 (wing p4122). civilwar no a seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, right prynne, william 1654 26532 138 0 0 0 0 0 52 d the rate of 52 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2005-12 tcp assigned for keying and markup 2005-12 aptara keyed and coded from proquest page images 2006-11 ali jakobson sampled and proofread 2006-11 ali jakobson text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion a seasonable , historical , legal , vindication , and chronological collection of the good old fundamental liberties , franchises , rights , laws of all english freemen ; ( their best inheritance , birth-right , security , against arbitrary tyranny , egyptian slavery and burdens ) of late years most dangerously undermined , oppungned , and almost totally subverted , under the specious feigned disguise of their defence , enlargement , and future establishment upon a sure basis . it is an universal received principle , and experimental truth , beyond all contradiction , that no natural structure , no arteficial building , no civil or ecclesiastical corporation , realm , reipublicke , government , or society of men ; no art nor science whatsoever , can possibly be erected , supported , established , preserved or continued in their being or well being , without foundations : whereon as they were at first erected , so they must necessarily still depend , or else they will presently fall to utter ruine . hence it is , ( to wave all humane authorities in so clear a verity ) that in god's own sacred uner●ing a word of truth , we find frequent mention of the natural b foundations of the vast natural fabrick of the earth , heavens , and world it self ; of the artificial material c fovndations of the material temple , wals , city ; of gods own most famous city ierusalem ; and of private houses : of the spiritual d foundation of the spiritual temple , city ierusalem , and whole church of god ; even iesus christ himself : of the doctrinal e foundations , and first principles of religion , christianity , salvation : yea , of the political f foundations of kingdoms , reipublikes , churches , governments , states : which being once shaken , undermined , subverted , razed , or destroyed , bring unavoidable ruine and desolation upon them , ( psal. 11. 3. psal. 82. 5 , 6. ier. 50 , 17. & 51 , 15 , 16. mic. 1. 6 , 7 , 9. ) even as we daily see castles , wals , houses , to fall instantly to the ground , and become an heap of confusion , when their foundations are blown up , decayed , or demolished . upon which consideration , those publike laws , which establish , fence , fortifie , support the foundamental constitutions , rights , liberties , priviledges , of any nation , kingdome , reipublike , ( essential to their being and subsistence , as a free or happy people , against the invasions , vnderminings , encroachments , of any tyrants , vsurpers , oppressors , or publike enemies , are usually stiled fundamental laws ; ) and have ever been reputed so sacred , inviolable , immutable , in all ages , upon any preterces of necessity , or publike safety , that most nations , and our own english ancestors , above others , have freely chosen to hazard , yea lose their estates , lives , in their just defence , against such exorbitant tyrannical kings , and other powers , who by force or policy have on leavoured to violate , alter , or subvert them , rather then out of cowardize , scottishnesse , carelessenesse or want of cordial love to the publike , to suffer the last infringement , repeal , or alteration of them , to the inthralling of themselves , or their posterities , to the arbitrary wills of such domineering tyrants , and vsurping poners . now because , after all our old and new ( many yeers ) bloody , costly , dangerous contest , and wars , for the maintenance of our good old fundamental liberties , laws , rights priviledges , against all secret or open underminers of them i clearly behold , with grief of heart , that there is a strang monstrous generation of new tyrannical state hereticks sprung up amongst us ; who are grown i desperately impudent , as not onely to write , but publikely to assert in print , ( in a books , printed by authority , even in capitals in the very title-page ) that the free-men and people of england have no such unalterable fundamental laws and liberties left them by their fore-fathers , ( as our ancestors heretofore contested for , both in the field and parliament-house , with william the conqueror , henry the first , king john , henry the third , edward 1 , 2 , 3. richard the second , with other kings and princes ; and our late parliaments and armies too , with king james , and king charles . ) that neither magna charta , nor the petition of right , nor the laws for trying malefactors by juries of their peers , are fundamentall , or unaltera●le ; but that the state-physitians ( or rather mountebanks ) of our time , ( who are not tied up to them , but left free unto themselves ) may lay them quite aside , either in part or whole , as they see cause : yea , ( having now attained to such a super-transcendent authority , as ) may ( as they assert ) day aside all parliaments and parliamentary wayes , and appoint something else , as more seasonable and proper to us , and as providence makes way for it , if they see it more conducing to the safety and good of the common-wealth , ( that is , to their own private interests , honours , profits , securities , designes , oppressions , rapines , gilded over with this specious pretext . ) and then ●●●emptorily conclude , that to plead for these and other fundamental laws and liberties , as unalterable , ) though the onely 〈◊〉 and badges of our freedom ( is nothing else but to 〈◊〉 the nation : for by such a principle , people doe 〈…〉 their liberty , but are brought under such a kind of tyranny , out of which ( as being worse than the aegyptian bondage ) there is no hope of deliverance . an absurd tyrannical paradox , transcending any i ever yet met with in any author ; stripping us naked of all our long enjoyed laws , liberties , franchises , great charters at once ; tending onely to reduce , and perpetually inthral us under such an absolute aegyptian bondage and tyranny , without any hope of future deliverance from it , which some now endeavour to entail on us and our posterities for ever , by an iron law , and yoke of steel , in stead of restoring to us that glorious freedome , which we have so long expected from them in vain . and because i find the generality of the nobility , gentry , clergie , commonalty , of our nation , after all their , late yeers expensive bloudy wars , and parliamentary disputes , for the defence and preservation of these our ancient hereditary fundamental charters , laws , liberties , priviledges , so strangely degenerated both from themselves , and their heroick prudent ancestors , as that they are more readily inclined , upon every occasion , out of a base , un-christian , un-manly , un-english fear , or scottish cowardice and stupidity , wittingly to desert , betray , surrender them all up into the hands of any invading vsurpers , without the least publike claim , dissertation , defence , or dispute ; then diligently or couragiously to contend for them , as of late they did : so as that which paul once taxed in the slavish besotted corinthians , 2 epist. 11. 20. may be most truly averred of our degenerated , infatuated , english nation : ye suffer if a man bring you into bondage , if a man devour you , if a man take of you , if a man exalt himself , ( above your laws , liberties , franchises , parliaments , kings , nobles , properties , lives , conscience , and a all that is called god , or worshipped ) if a man smite you on the face ; notwithstanding all their manifold late b protestations , vows , covenants , remonstrances , declarations , and publike engagements , to the contrary . and withal , after diligent enquiry , discovering scarce one man of eminencie or power in the nation , nor so much as one of my degenerated temporizing profession of the law , ( even when the c whole body of our laws , and all its professors , are violently assaulted , and devoted unto sudden ruine , by many lawlesse spirits ) who hath so much courage , magnanimity , honesty , zeal , or cordial love to his native country , remaining in his brest , as manfully to appear in publike , for the strenuous necessary defence of these our hereditary , fundamental laws , liberties , rights , franchises , ( though their own , and every other english freeman's best inheritance and security ) for fear of being persecuted , imprisoned , close imprisoned , exiled , condemned , destroyed , as a traytor , rebell , seditious person , enemy to the publike , or disturber of the kingdoms peace , by those who are truly such : i thereupon conceived i could not undertake or perform a more necessary , seasonable , beneficial service for my country , ( and not to be like those , who are ashamed , afraid , for the most part , to own , visit , or be seen in the company of those gallant men , much lesse to assist , defend , and stick close unto them in their dangers , according to the sixth article of their late solemn league and covenant , who have suffered , acted , and stood up most for their common liberties , rights , freedoms , religion , against all invading tyrants , to their great discouragement and betraying ) nor pitch upon any subject more proper for me , either as a common lawyer , or as a constant advocate and sufferer for the publike cause , and liberties of the nation , as well under our late extravagant free-state , as former regal and episcopal arbitrary tyranny , then in this juncture of our publike affairs , to present our whole distracted unsetled kingdome , with an historical and legal vindication , and chronological collection , in all ages , of these ancient hereditary liberties , franchises , rights , contests , laws , charters , records , monuments of former and late times , for their confirmation , and inviolable ob●rvation , which our ancestors and our selves have alwayes hitherto reputed fundamental , unalterable , inviolable , upon any pretext ; and have most eagerly contended for , with the prodigal expence of many millions of treasure , and whole oceans of gallant christian english bloud . and if , upon the serious perusal of them , the uniuersality of our degenerated nation , after their many late solemn protestations , vows , leagues , covenants , remonstrances , inviolably to defend and maintain them , shall 〈◊〉 so undervaelue them now at last , ( as 〈◊〉 actually have done ) as not to esteem them worth the owning , maintaining , vindicating , or perpetuating and longer ; and thereby draw upon their headache real guilt of all those bloudy wars , murders , tumults violences , rapines , oppressions , sins , mischiefs , illegal ta●es , excises , exorbitancies , which their many late yeers pretended necessary defence and preservation have brought upon ou● three whole nations ; let them henceforth , like so man , ●astardly conquered bond slaves , bored thorow the eares● publikely disavow , disclaim , renounce , abiure them , for themselves and their posterities for ever , as meer worthlesse toyes , or pernicious inventions , fit onely to kindle perpetuall wars and discords between king and people , head and members , superiours and inferiours ; or as poor slender cobwebs , ( as now they prove ) fit to hold none within compasse but the very weakest flyes ; broken thorow with 〈◊〉 and impunity by every greater fly , creeping up into any power or supreme authority , by right or wrong ; and swept down to the very ground , by every new broom in the hand of upstart innovators . but if , upon saddest deliberation , they shall really estimate them to be such incomparable , rich , precious jewels , and ancient inheritances , as are every way worth the infinite treasures , warres , blood , cares , consultations , troubles , heretofore and of late yeers expended , both to gain , retain , confirm , and perpetuate them , to them and their posterities for ever , as their principal earthly security and beatitude ; i hope they will all then unanimously henceforth conclude with the poet . non minor est virtus quam quaerere , part a tveri : and both by their votes , and actions , return the self-same peremptory magnanimous answer to any caesar , conqueror , patentate , power , or combination of men whatsoever , ( who shall endeavour by force , fraud , ●●flattery , to compel or perswade them , to sell , resign , betray , 〈◊〉 these their antistrial priviledges , 〈…〉 , to them ) 〈…〉 once did to king ahab , 1 king. 21. 3. the lord forbid ● us , that we 〈◊〉 give ( sell , or betray ) the inheritance of ovr fathers ( and our posterities likewise ) unto thee , or you ; though they should suffer for this answer and refusal , as much as naboth did from bloudy ahab and jez●bel . but whatever low price or estimate this spurious , stupid sordid , slavish age may set upon these richest pearls ; yet for my own particular , upon serious consideration of these chronological collections , and the solemn oathes , protestations , vows , league and covenant , obliging me to defend them to the uttermost ; i value the whole nations publike , and my own ( with my cordial friends ) private interest in them , at so high a rate , that i would rather chearfully part with ten thousand lives , and all the treasures of the nation , were i owner of them , then wittingly , negligently , or unworthily fell , betray , or resign them up to any mortals , or powers whatsoever , upon any pretences or conditions , after all my former publications , contests , sufferings , &c. for their just defence . now to the end all others might now take special notice of the inestimable value our ancestors in all ages have set upon them , and what successive wars , conflicts , they have cheerfully undertaken for their preservation ; i have , at vacant hours compiled this en●uin●vindication and collection of the old fundamental liberties , franchises , laws , of all english free-men , which i shall be que●th to my most beloved native country in generall and every reall her●●●k patron of them in particular , as the best legacie i can leave behind me , both for their 〈…〉 future enfranchisement , immunity , security , from all 〈…〉 tyranny , slavery , and yokes of bondage , under 〈…〉 have a long time languished and 〈…〉 the method i resolve herein to pursue is this : 1. i shall produce some punctual authorities of moment , to evidence , that the kingdome and free-men of england , have some ancient hereditary just rights , liberties , priviledges , franchises , laws and customs , properly called fvndamental : and likewise a fvndamental government , no wayes to be altered , undermined ▪ subverted , directly or indirectly , to the publike prejudice , under pain of high treason in those who shall attempt it , especially by fraud , force , or armed power . 2. i shall in brief propositions present you with the chiefest and most considerable of them , which our ancestors in former ages , and our latest real parliaments have resolved to be , and eagerly contended for , as fundamental , essential to their being and well-being , as a free people , kingdom , reipublike , unwilling to be enslaved under any yokes of tyranny , any arbitrary impositions or powers whatsoever . and then give you a brief touch of their several late unparallel'd violations , both by the edicts and actions of usurping powers . 3. i shall in a chronological way tender you a large historical catalogue of contests , votes , declarations , remonstrances , oathes , vows , protestations , covenants , engagements , evidences , statutes , charters , writs , records , judgements , and authorities , in all ages , undeniably evidencing , declaring , vindicating , establishing , perpetuating these fundamental hereditary rights , liberties , priviledges , franchises , customs , laws , and abundantly manifesting the extraordinary care , industry , zeal , courage , wisdom , vigilancy of our ancestors , to defend , preserve , and perpetuate them to posterity , without the least violation or diminution . 4. i shall vindicate the exellencie , indifferencie , and legality of trying all malefactors whatsoever by juries of their peers , upon legal processe and indictments ; and manifest the illegality , injustice , partiality , dangerous consequences , of admitting or introducing any other form of trials , by new , arbitrary , martial commissions , or courts of high justice , ( or rather * injustice ) inconsistent with , and destructive to the fundamental rights , liberties , priviledges , laws , franchises of the english nation , and of most dangerous president to posterity ; being set up by the greatest pretenders to publike liberty , law , and the chiefest inveighers against arbitrary regal tyranny and power , which never publikely established them by any law , and may fall to imitate them in future ages . each of these i intend to prosecute in distinct chapters in their order for the first of these : that the kingdome and free-men of england , have some ancient hereditary right , liberties , priviledges , franchises , laws and customs , properly called fvndamental ; and likewise a fvndamental government , no wayes to be alt●red , undermined , subvert●d , directly or indirectly , under pain of high●treason in those who shall attempt it , especially by fraud , force , or armed power . i shall confirm the first part of it , by these ensuing punctual authorities of moment , against those a traytorous late-published pamphlets , which professedly deny it , and endeavour a total abrogation of all former laws , to set up a new model , and body of the law , to rule us for the future , according to their pleasures . the first is , the expresse words of the great charters of the liberties of england , granted by b king john , anno 1215. in the 17 yeer of his reign ; regranted and confirmed by king henry the third , in the ninth yeer of his reign , and sundry times afterwards ; and by king edward the first , in the 25 and 28 yeers of his raign : wherein these three kings successively , by their several grand charters under their great seals , did grant , give , and confirm , to all the free-men of the realm of england , for themselves and their heirs for ever , the customs , liberti●s therein contained ; to have and to hold them , to them and their heirs from them and their he●rs for ever . concluding their charters thus : all these customs and liberties aforesaid , which we have granted to be holden within this our realm , as much as appertaineth to us and our heirs , we shall observe . and all men of this our realm , as well spirituall as temporall , ( as much as in them is ) shall observe the same against all persons in likewise . and we have granted unto them , that neither we nor our heires shall procure or do any thing whereby the liberties in these charters contained , shall be infringed or broken . we ●atifying and approving these gifts and graunts aforesaid , confirm and corroborate all the same , for us and our heirs perpetually : and by these presents ( as the later charters run ) do renew the same willing and granting , for us and our heirs , that these charters , and all and singular their articles , for ever shall be stedfastly , firmly , and inviolasly observed . sir edward cook , ( that reverend learned judge and professor of our laws ) in his preface to his second institutes , and p. 2. and 77. thereof , wherein he comments on this great charter , ( printed by two orders of the house of commons in parliament , dated 12 maii. 1641. and 30 junii , 1642. ) resolves in direct terms , that the great charter was for the most part declaratory of the principal grounds of the fvndamental laws of england : that these words therein , [ for as and our heirs for ever ] were added to avoid all scruples ; that this great parliamentary charter might live and take effect in all successions of ages for ever . a clear resolution , that the principal liberties , customs , laws , contained in these great charters , and ratified by them , are both fundamental , perpetual , and unalitrable ; being since confirmed in all points by neer fourty several special acts of parliament in succeeding parliaments : and likewise by the solemn oathes of our kings , nobles , judges , great officers , and of the people too , ( all severall times sworn to defend and maintaine the same ) and by sundry solomn excommunications against the onfringers or contemners of them in any kind ; as i shall prove more fully in the third chapter . the second is , the punctuall resolution of the whole parliament of 1 jacobi , even in a printed act of parliament , chap. 2. and of king james himself , in his speech therein , as is evident by this prologue to that act : whereas his most excellent majestie hath been pleased , out of his great wisdome and judgment , not onely to represent unto us by his own prudent and princely speech on the first day of this parliament , how much he desired ( in regard of his inward and gratious affection to both the famous and ancient realms of england and scotland , now united in allegiance , and by all subjection in his royal person , to his majesty and his posterity for ever ) that by a speedy , mature , and sound deliberation , such a future vnion might follow , as should make perfect that mutual love , and uniformity of maners and customs , which almighty god in his providence , for the strength and safety of both realms , hath so far already begun , in● pparent sight of all the world ; but also hath vouchsafed to expresse many ways , how far it is , and ever shall be , from his royal and sincere care and affection to the subjects of england , to alter or innovate the fundamental and ancient laws , privileges and good customs of this kingdom ; whereby not only his royal authority , but the peoples security of lands , livings , and privileges ( ●oth in generall and particular ) are preserved and maintained ; and , by the abolishing or alteration of the which , it is impossible but that present confusion wil fall upon the whole state and frame of this kingdom , &c. in which memorable clause , these four things are observable , 1. that the kingdom and people of england have fundamental ancient good laws , privileges , and customs . 2. that these are no ways to be altered or innovated ; and that it always hath been , is , and ever shall be , far from the thoughts and intents of all good kings , governours , and parliaments , who bear a sincere care and affection to the subjects of england , to alter or innovate them . 3. that by these ancient good laws , privileges , and customs ▪ not onely the kings regal authority , but the peoples security of lands , livings , and privileges , ( both in general and particular ) are preserved and maintained . 4. that by the abolishing or altering of them , it is impossible , but that present confusion will fall upon the whole state and frame of this kingdome . which i wish all innovators and new modellers of our laws , would now at last lay seriously to heart , and the whole kingdom and english nation sadly consider , who have found it an experimental truth of late yeers , and no imaginary feigned speculation . the third is the remonstrance of the whole house of commons in parliament , delivered in writing to k. james , in the parliament of 7 iac. anno 1610. which begins thus . to the kings most excellent majesty . most gracious soveraign , whereas we your majesties most humble subjects , the commons assembled in parliament , have received , first by message , and since by speech , from your majestie , a command of restraint , from debating in parliament your majesties right of imposing upon your subjects goods exported out of , or imported into this realm , yet allowing us to examine the grievance of these impositions , in regard of quantity , time , and other circumstances of disproportion thereto incident : wee your said humble subjects nothing doubting but that your majestie had no intent by that command , to infringe the ancient and fvndamental rights of the liberty of parliament ▪ in poynt of exact discussing of all matters concerning them and their possessions , goods , and rights whatsoever ; which yet wee cannot but conceive to be done in effect by this command , do with all humble duty make this remonstrance to your majestie . first , wee hold it an ancient , general and vndovbted right of parliament , to debate freely all matters which do properly concern the subject , and his right or estate : which freedom of debate being once fore-closed , the essence of the liberty of parliament is withall dissolved . here the whole house of commons , in a special remonstrance to king james , ( printed and published by order of a committee of the house of commons for licensing of books , dated 20 maii , 1641. 17 caroli ) declare , resolve , vindicate , and maintain , one principal , ancient , fundamental , general , undoubted right of the liberty of parliament , against the kings intrenchment on it : of which should they be but once fore-closed , the essence of the liberty of parliament is withall dissolved . and peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real parliament , to examine , whether some clauses and restrictions in the 9 , 12 , 14 , 16 , 17 , 21 , 22 , 24 , 25 , 27 , 30 , 32 , 33 , 36 , 37 , 38 , 39 , 40. articles ( or strings ) of the new instrument , intituled , the government of the common-wealth of england , scotland , and ireland , and the dominions thereunto belonging , as it was publikely declared at westminster the 16 day of december , 1653. &c. do not so much , nay farre more intrench upon the ancient , fundamental , general , undoubted right and liberty of parliament ▪ and parliamentary free debates , to the dissolution of the essential liberty of all future parliaments , as this command of king james did , or as the bishops late canons imposed on the clergy in and by the convocation , anno 1640. ever did ; and this clause in their &c. oath then made , ( now imitated by others , who condemned it : ) ● a. b. do swear , that i will never give my consent to alter the government of this church by arch-bi●hops , bishops , deans , and arch-deacons , &c. as it stands now established , and as by right it ovght to stand : * resolved by the whole house of commons , and peers too , without one dissenting voyce , in parliament , decemb. 1640. to be a most dangerous and illegal oath , contrary to the rights and privileges of parliament , and to the fvndamental laws & statvtes of the realm , &c. and of dangerovs conseqvence . the contriving whereof was objected to the late arch-bishop of canterbury , in his original and additional articles of impeachment , to be high treason ; for which amongst other thigs , he lost his head . the fourth is , the notable petition of grievance of the whole house of commons in parliament , presented to king james in the seventh yeer of his reign , after their vote against his right to lay any impositions on goods imported or exported , without assent of parliament ; in these ensuing words , the policy and constitution of this your majesties kingdom , appropriates unto the kings of this realm , with assent of parliament , as well the soveraign power of making laws , as that of taxing or imposing upon the subjects goods or merchandizes , wherein they have justly such a property , as may not without their consent be altered or changed : this is the cause , that the people of this kingdom , as they have * ever shewed themselves faithful and loving to their kings , & ready to aid them in all their just occasions , with voluntary contributions : so have they been * ever careful to preserve their own liberties and rights , when any thing hath been done to prejudice or impeach the same . and therefore when their princese it her occasioned by war , or by their own bounty , or by any other necessity , have without consent of parlament set on impositions ▪ either within the land , or upon commodities exported or imported by the merchants they have in open parliament complained of it , in that it was done without their consents ; and thereupon * never failed to obtain a speedy and full redress , without any ‖ claim made by the kings , of any power or prerogative in that point . and though the law of property be original , and carefully preserved by the common lawes of this realm , which are as ancient as the kingdom it self ; yet those famous kings , for the better contentment and assurance of their loving subjects , agreed , that this old fvndamental right ( observe the words ) should be further declared , and established by act of parliament , wherein it is provided , that no such charge should ever be laid upon the people without their common consents , as may appear by sundry records of former times . we therefore your majesties most humble commons assembled in parliament , * following the example of this worthy care of ovr ancestors , and ovt of ovr dviy to those for whom we serve , finding that your majesty , without advice of your lords and commons , hath lately ( in times of peace ) set both greater impositions , and far more in nvmber then any yovr noble ancestors did ever in time of war , do with all humility present this most just and necessary petition unto your majesty , that all impositions set withovt assent in parliament , may be qvite abolished and taken away . and that your majesty likewise in imitation of your royal progenitors , will be pleased , that a law in your time , and during this session of parliament , may be also made , to declare , that all impositions of any kind set , or to beset vpon yovr people , their goods or merchandizes , save only by common consent in parliament , are and shall be voyd ; wherein your majesty shall not only give yovr svbjects great satisfaction in point of their right ; but also bring exceeding joy and comfort to them who now suffer , partly through the abating of the price of native commodities , and partly through the raising of all forein , to the overthrow of merehants , and shipping , the causing of general dearth , and decay of all wealth among your people who will be therby no less discouraged , then disabled to supply your majesty when occasion shall require . in which memorable petition , the whole house of commons resolve in direct terms : 1. that the subjects of england have old original fundamental rights , ( and more particularly in the property of their goods , exempted from all impositions whatsoever in times of peace or war , without their common consent in parliament ) declared and ectablished both by the ancient common law of england , and sundry acts of parliament , and records of former times . 2. they declare , the constant vigilant care , zeal of our ancestors and former parliaments in all ages , inviolably to maintain , defend , preserve the same against all encroachments , together with their own care , duty and vigilancy in this kind in that very parliament . 3. they relate the readiness of our kings to ratifie these their fundamental rights by new act of parliament , when they have been violated in any kind . 4. they declare the benefit accruing both to prince and people , by the inviolable preservation and establishment of this old fundamental right , and the mischiefs accruing to both by the infringement thereof , by arbitrary illegal impositions , without full consent in parliament . 5. they earnestly ( in point of conscience , prudence , and duty to those for whom thy served ) petition his majesty , for a new law and declaration against all new impositions & taxes on inland goods , or merchandizes imported or exported , without the peoples free consent in parliament , as null , void , utterly to be abolished and taken away . whether it will not be absolutely necessary for the whole english nation , and the next ensuing notional or real parliament , to prosecute , enact , establish such a declaration and law against all such future arbitrary , illegal , oppressive taxes , impositions , excizes , that have been imposed and continued for many years together on the whole kingdom , by new extravagant , self-created , usurping army-officers , and other powers , without free and full consent of the people in lawfull english parliaments , against all former laws , declarations , and resolutions in parliament , to their great oppression , enslaving , undoing , and that in far greater proportions , multiplicity , and variety , ●hen ever in former ages , without the least intermission ; and likewise against their late declared design , to perpetuate them on our exhausted nation , without alteration or diminution , ( beyond and against all presidents of former ages ) both in times of peace and war for the future , by the 27 , 28 , 29 , 3● , 3● . articles of the instrument entituled , the government of the common-wealth of england , &c. i remit to their most serious considerations to determine , it ever they resolve to be english freemen again , or to imitate the wisdom , prudence , zeal , courage , and laudable examples of their worthy ancestors , from which they cannot now degenerate without the greatest infamy , and enslaving of themselves with their posterities for ever , to the arbitrary wills of present or future usurpers on their fundamental rights and liberties , in an higher degree then ever in any precedent ages , under the greatest conquerours or kings , after all their late , costly , bloudy wars for their defence against the beheaded king . the fifth is , a learned and necessary argument made in the commons house of parliament , anno 7. jacobi , to prove , that each subject hath a propriety in his goods ; shewing also , the extent of the kings prerogative in impositions upon the goods of merchants exported or imported , &c. by a late learned judge of this kingdom , printed at london by richard bishop , 1641. and ordered to be published in print , at a committee appointed by the honourable house of commons , for examination and licensing of books . 20. maii , 1641. in which parliamentary argument , p. 8 , 11 , 16. i finde these direct passages : that the new impositions contained in the book of rates , imposed on merchandizes imported and exported , by the kings prerogative , and letters patents , without consent in parliament , is against the natvral frame and constitvtion of the policy of this kingdome , which is jus publicum regni , and so subverteth the fundamental law of the realm , and introduceth a new form of state and government : can any man give me a reason , why the king can only in parliament make laws ? no man ever read any law , whereby it was so ordained ; and yet no man ever read , that any king practised the contrary ; therefore it is the original right of the kingdom , and the very natvral constitvtion of our state and policy , being one of the highest rights of soveraign power . if the king alone out of parliament may impose , * he altereth the law of england in one of these two main fundamental points ; he must either take the subjects goods from them , without assent of the party , which is against the law , or else he must give his own letters patents the force of a law , to alter the property of the subjects goods , which is also against the law . in this and sundry other arguments , ( touching the right of impositions ) in the commons house of parliament by the members of it , arguing against them , it was frequently averred , and at last voted and resolved by the house , 7. jacobi , that such impositions without consent in parliament , were against the original fundamental laws and property of the subject , and original right , frame , and constitution of the kingdom ; as the notes and journals of that parliament evidence : an express parliamentary resolution in point , for what i here assert . the sixth is , a conference desired by the lords , and had by a committee of both houses , concerning the rights & privileges of the subjects 3. aprilis , 4. caroli , 1628. entred in the parliament journal of 4. caroli , and since printed at london , 1642. in the introduction to which conference , sir dudley diggs , by the commons house order , used these expressions : my good lords , whilst we the commons , out of our good affections , were seeking for money , we found , i cannot say a book of the law , but many a fundamental point thereof neglegted and broken , which hath occasioned our desire of this conference : wherein i am first commanded to shew unto your lordships in general , that the laws of england are grounded on reason more antient then books , consisting much in unwritten customs , yet so full of justice and true equity , that your most honorable predecessors and ancestors propugned them with a nolumus mutari ; and so ancient , that from the saxons daies , notwithstanding the injuries and ruines of time , they have continued in most parts the same , &c. be pleased then to know , that it is an undoubted and fundamental point of this so ancient common law of england , that the subject hath a true property in his goods and possessions , which doth preserve as sacred that meum and tuum , that is the nurse of industry , and the mother of courage , and without which there can be no justice , of which meum and tuum is the proper object . but the undoubted right of free subjects , hath lately not a little been invaded and prejudiced by pressures , the more grievous , because they have been pursued by imprisonment , contrary to the franchises of this land , &c. which the commons house proved by many statutes and records in all ages , in that conference , to the full satisfaction of the lords house ; since published in print . the seventh is , the vote of the a whole house of commons , 16. december , 1640. nullo contradicente , entred in their journal , and printed in diurnal occurrences , p. 13. that the canons made in the convocation ( anno 1640. ) are against the fundamental laws of the realm , the property and liberty of the subject , the right of parliament , and contained divers things tending to faction and sedition . the eighth authority is , b the votes of both houses of parliament , concerning the security of the kingdom of england , and dominion of wales , 15. martii 1641. ordered by the lords and commons in parliament to be forthwith printed and published ( as they were then by themselves , and afterwards with other votes and orders ) resolved upon the question , nemine contradicente , that in case of extream danger , and of his majesties refusal , the ordinance agreed on by both houses for the militia , doth oblige the people , and ought to be obeyed , by the fundamental laws of this kingdom . a very vain , false , absurd , and delusory vote , if there be no such laws , as some now affirm . the ninth punctual authority is , a a second declaration of the lords and commons assembled in parliament , concerning the commission of array ; printed by their special order of 12 januarii , 1642. wherein are these observable passages . the main drift of the answer is to maintain , that the king by the common law may grant such a commission of array as this is , upon this ground , because it 's for the defence of the kingdome : and , that the power which he hath to grant it by the common law , is not taken away by the petition of right , or any former statute , but the king , notwithstanding any of them , may charge the subjects , for defence of the kingdome , so as the charge imposed come not to himself , nor to his particular advantage . these grounds thus laid , extend not to the commission of array alone , but to all other charges that his majestie shall impose upon his subjects , upon pretence of defence of the kingdom : for there is the same reason of law for any other charge that is pretended for defence , as for this . if his majestie by the common law may charge his subjects to finde arms , and other things in the commission enjoyned , because they are for defence of the kingdom ; by the same reason of law , he may command his people to build castles , forts , and bulworks , and after to maintain them with garisons , arms , and victuals , at their own charges : and by the same reason he may compel his subjects to finde ships , and furnish them with men , ammunition , and victuals , and to finde souldiers pay , coat and conduct-money ; provide victuals for souldiers , and all other things necessary for an * army ; these things being as necessary for defence , as any thing that can be done in execution of this commission . and for that exposition of the petition of right , and other statutes therein noted , ( if it should hold ) doth it not overthrow , as well the petition it self , as all other lawes that have been made for the subjects benefit against taxes and other charges , either in this or any other parliament ? these positions thus laid down and maintained , do shake the fundamental laws of the kingdom , ( the ancient birth-right of every subject ) both for the property of his goods , and liberty of his person : nay , they strike at the root of parliaments : what need his * majesty call parliaments to provide for defence of the realm , when himself may compel his subjects to defend it without parliaments ? if these grounds should hold , what need the subjects grant subsidies in parliament for defence of the kingdom in time of real danger , if the king for defence at any times , when he shall only conceive or pretend danger , may impose charges upon his subjects without their consent in parliament ? upon that which hath been said in this and our former declaration , we doubt not but all indifferent men will be satisfied , that this commission of array is full of danger and inconvenience to the subjects of england , and against the fundamental laws of the land , both for property of goods , and liberty of person , &c. 2. as it is against the fundamental laws of the realm , so no statute makes it good , &c. and the lords and commons do upon the whole matter here conclude , that they are very much aggrieved , that after so many declarations and solemn protestations made by his majesty to rule by the known laws of this land , his majesty by advice of his ill-councellors should be perswaded to set such a commission on foot , which is so clearly contrary to the fundamental laws of this land , the right of property , and liberty of the subject , contrary to form●r resolutions of parliament , and to the petition of right . i am certain the generality of the nation are now as much and more aggrieved , that some who were parties to this declaration , and others who have made as many or more declarations and protestations as his majesty ever did , to rule by the known laws of the land , should since this , far exceed his majesty in the like , or more exorbitances in the militia , excises , taxes , impositions , imprisonments , arbitrary extravagant proceedings , and capital executions in new-erected courts of injustice , as diametrically contrary as the kings commissions of array , to the fundamental laws of the land ( four times together so stiled and insisted on , as such , in this one declaration of both houses ) the right of property of the subject , contrary to former resolutions , and the petition of right ; yea ( which is most abominable ) to their own declarations , remonstrances , votes , protestations , vows , solemn leagues and covenants in parliament , to their own eternal infamy , as well as the peoples intolerable oppression and slavery , who thereupon may justly conclude and protest against them , as both houses did in the close of that declaration against the array , viz. * and the lords and commons do and shall adhere to their former votes and resolutions , that all those that are actors in putting of this commission of array in execution , shall be esteemed disturbers of the peace of the kingdome , and the properties and liberties of the subject . the tenth evidence is , a the vote and letter of both houses of parliament sent to his majesty at oxford 9. march 1643. in answer to his majesties of the third of march , wherein there is this passage : we the lords and commons assembled in the parliament of england , &c. have resolved , with the concurrent advice and consent of the commissioners of scotland , to represent to your majesty in all humility and plainness as followeth ; that this present parliament convened according to the known and fundamental laws of the kingdom ( the continuance whereof is established by a law consented to by your majesty ) is in effect denied to be a parliament , &c. and hereupon we think our selves bound to let your majesty know , that since the * continuance of this parliament is setled by a law , ( which , as all other laws of your kingdom , your majesty is sworn to maintain , as we are sworn to our allegiance to your majesty , these obligations being reciprocal ) we must in duty , and accordingly are resolved , with our lives and fortunes , to defend and preserve the just rights and full power of this parliament : to which the earl of essex ( then general ) by both houses direction , in his letter to the earl of forth , jan. 30. 1643. adds this corollary , my lord , the maintenance of the parliament of england , and the priviledges thereof , is that for which we are all resolved to spend our bloud , as being the foundation whereon all our laws and liberties are built : which both the lords and commons assembled in parliament , in their declaration of 23. martii 1643. touching their proceedings upon his majesties letter concerning a treaty of peace ; ( wherein this earls former letter is recited ) thus second : the parliament of england is the only basis , the chief support and pillar of our laws and liberties , &c. and if notwithstanding all these obligations , the king shall * at his pleasure dissolve this parliament , the kingdom is not only deprived of the present , but made uncapable of enjoying the benefit of any future parliament or laws , any longer then shall stand with the will and pleasure of the king , and consequently the fundamentals of all our laws & government are subverted . let the parliament-dissolving officers , army , and their confederates seriously ponder this , with all who shall hereafter sit in parliament , consider it in the first place . the eleventh is , the a ordinance of both houses of parliament , 13. junii 1644. for the forces raised in the county of salop , which begins thus : the lords and commons assembled in parliament , taking into their serious considerations , the great oppressions under which the inhabitants of the county of salop , by reason of insupportable taxes , &c. and the present condition of the county , by reason of the great number of irish rebels that have invaded it , and joyned with papists and other ill-affected persons now in those parts , doth threaten the extirpation of the protestant religion , and the subversion of the fundamental laws and government of the kingdom . for prevention whereof , &c. the twelfth is , b a declaration of the commons of england assembled in parliament , 17 aprilis 1646. of their true intentions concerning the ancient & fundamental government of the kingdom , securing the people against all arbitrary government , &c. wherein they complain , that the enemy being in despair to accomplish his designs by war , do misrepresent our intentions in the use we intended to make of the great successes god hath given us , and the happie opportunity to settle peace and truth in the three kingdoms ; to beget a belief that we now desire to exceed or swerve from our first aims and principles in the undertaking of this war , and to recede from the solemn league and covenant , and treaties between the two kingdoms ; and that we would prolong these uncomfortable troubles , and bleeding distractions , in * order to alter the fundamental constitution & frame of this kingdom , to leave all government in the church loose and unsetled , and our selves to exercise the same arbitrary power over the persons & estates of the subjects , which this present parliament hath thought fit to abolish , by taking away the star-chamber , high commission and other arbitrary courts , and the exorbitant power of the councel table : ( all which we have seen since experimentally verified in every particular in the highest degree , notwithstanding this declaration , by some in late and present power , notwithstanding this publication : ) all which being seriously considered by us , &c. we do declare , that our true & real intentions are , & our endeavor shall be , to settle religion in the purity thereof , * to maintain the ancient & fundamental government of this kingdom , to preserve the rights & liberties of the subject ; to lay hold on the first opportunity of procuring a safe and well-grounded peace in the three kingdoms , and to keep a good understanding between the two kingdoms of england and scotland , according to the grounds expressed in the solemn league and covenant : and lest these generals should not give a sufficient satisfaction , we have thought fit , to the end men might no longer be abused in a misbelief of our intentions , or a misunderstanding of our actions , to make this further enlargement upon the particulars . and first , concerning church-government , &c. because we cannot consent to the granting of an arbitrary and unlimited power and jurisdiction , to neer ten thousand judicatories to be erected within this kingdom , and this demanded in such a way , as is not consistent with the fundamental laws & government of the same , &c. our full resolutions still are , sincerely , really and constantly to endeavour the reformation of religion , in the kingdoms of england & ireland , in doctrine , worship , discipline , and government , according to the word of god , and the example of the best reformed churches , and according to the covenant . we are * so far from altering the fundamental government of this kingdom by king , lords & commons , that we have only desired , that with the consent of the king , such power may be setled in the two houses , without which we can have no assurance , but that the like , or greater mischiefs then those which god ●ath hitherto delivered us from , may break out again , and engage us in a second and more destruct● ve war ; whereby it plainly appears , our intentions are not to change the ancient frame of government within this kingdom , but to obtain the end of the primitive institution of all government , the safety & weal of the people ; not judging it wise or safe , after so bitter experience of the bloudy consequences of a * pretended power of the militia in the king , to leave any colourable autho●ity in the same for the future attempts of introducing an arbitrary government over this nation : we do declare , that we will not , nor any by colour of any authority derived from us , shall interrupt the † ordinary course of justice , in the several courts and judicatories of this kingdom , nor intermeddle in cases of private interest otherwhere determinable , unless it be in case of male-administration of justice ; wherein we shall see and provide , that right be done , and punishment inflicted , as there shall be occasion , according to the laws of the kingdom . lastly , whereas both nations have entred into a solemn league and covenant ; we have , and ever shal be very careful duly to observe the same : that as nothing hath been done , so nothing shall be done by us repugnant to the true meaning and intention thereof , &c. who will not depart from those grounds and principles , upon which it was framed and founded . though the generality of the afterwards-secured and secluded majority of the house of commons , endeavoured constantly to make good this declaration in all particulars ; yet how desperatly the garbled minority thereof , continuing in power after their seclusion , prevaricated , apostatized , and falsified their faith and engagements herein in every particle in the highest degree , we cannot but with greatest grief of heart , and detestation remember , to the subversion , ●uine of our king , lords , commons , kingdom , parliaments , fundamental laws , government , and the peoples liberties , &c. almost beyond all hopes of restitution or reparation in humane probability , without a miracle from heaven . the lord give them grace most seriously to consider of , repent , and really , sincerely , reform it now at last , and not still add drunkenness to thirst , lest they bring them to temporal and eternal condemnation for it in gods own due time , and engender endless wars , troubles , taxes , changes , confusions in our kingdoms , as they have hitherto done . by this full jury of parliamentary authorities , to omit many others of like or a inferiour nature , and less moment , it is undeniable ; that the people of england have both ancient fundamental rights , liberties , franchises , laws , and a fundamental government ; which like the laws of the medes and persians , neither may , or ought to be altered , violated , or innovated upon any pretence , but perpetually maintained , defended , with greatest care , vigilancy , resolution ; and he who shall still deny or oppugne it , deserves no refutation by further arguments , since it is a received maxime in all arts , contra principia negant●●● , non est disputandum ; but rather demerits a sentence of cond●●nation , and publike execution at tyburn , as a common enemy , traytor to our laws , liberties , nation ; it being no less then 〈◊〉 transcendent crime , and high treason by our laws , for any person or persons , secretly or openly , to attempt the 〈◊〉 or subversion of our fundamental laws , rights , liberties , government , especially by fraud , treachery , force , or armed power and violence ( the later part of my first proposal ) which i shall now confirm by these twelve following presidents and evidences , corroborating likewise the former part , that we have such fundamental laws , liberties , rights , franchises , and a fundamental government too . in the b fifth year of king richard the second , the vulgar rabble of people and villains in kent , essex , sussex , norfolk , cambridgeshire , and other countreys , under the conduct of wat tyler , jack straw and other rebels , assembling together in great multitudes , resolved by force and violence to abrogate the law of villenage , with all other lawes they disliked , formerly setled ; to burn all the records , kill and beh●ad all : he judges , iustices , and men of law of all sorts , which they could get into their hands ; to burn and destroy the innes of court , ( as they did then the new temple , where the apprentices of the law lodged , burning their monuments and records of law there found ) to alter the tenures of lands , to devise new laws of their own , by which the subjects shold be governed , to change the ancient hereditary , monarchicall government of the realm , and to elect petty elective tyrannies and kingdoms to themselves in every shire : ( a project eagerly prosecuted by some anarchical anabaptists , jesuits , and levellers very lately , ) and though withall they intended to destroy the king to last , and all the nobles too , when they had gotten sufficient power , yet at first to cloak their intentions for the present , they took an oath of all they met ; quod regi & communibus fidelitatem servarent , that they should keep allegeance and faith to the king and commons ; this their resolution and attempt thus to alter and subvert the laws & government , upon full debate in the parliament of 5. r. 2. n 30 , 31. was declared to be high treason , against the king and against the law , for which divers of the chief actors in this treasonable design were condemned and executed , as traitors , in several places , and the rest enforced to a publike submission , and then pardoned . 2. in the a parliament xl . r. 2. ( as appears by the parliament rolls and printed statutes at large ) three privie coun●cellors , the archbishop of york , the duke of ireland , and earl of suffolk , the bishop of exeter the kings confessor , five knights , six judges , ( where of sir robert trisilian , chief justice was one ) blake of the kings councel at law , vsk and others , were impeached and condemned of high treason , some of them executed as traytors , the rest banished , their lands and goods ferfeited , and none to endeavour to procure their pardon , under pain of felony , for endeavouring to overthrow a commission for the good of the kingdome , and contrary to an act of parliament of force of arms and opinions in law delivered to the king , tending to subvert the laws and statutes of the realm , overthrow the power , priviledges , and proceedings of parliament , and betray ( not all the house of lords , but only ) some of the lords of parliament , which judgment being afterwards reversed in the forced , and packed parliament of 21. r. 2. was reconfirmed in the parliament of 1 h. 4. c 3. 4 , 5. and the parliament of 21. r. 2. totally repealed , and adnulled for ever , and hath so continued . 3. in the a parliament of 17 r. 2. n , 20. and pas. 17. r. 2. b. r s. rot 16. sir thomas talbot was accused and sound guilty of high treason for conspiring the death of the dukes of glocester , lancaster and other peers , who maintained the commission confirmed by act of parliament , x r. 2. and assembling people in a warlike manner in the county of chester , for the effecting of it , in destruction of the estates of the realm ; and of the lawes of the kingdome . 4. in the 29. year of king henry the sixth , jack cade , under a pretence to reform , alter , and abrogate some laws , purveyances and extortions importable to the commons ( whereupon he was called john amend all ) drew a great multitude of kentish people to black heath in a warlike manner to effect it : in the parliament of 29. h. 6. c. 1. this was adjudged high treason in him and his complices ; by act of parliament : and the parliament of 31. h. 6. c , 1. made this memorable act against him , and his imitators in succeeding ages ; worth serious perusual and consideration by all who tread in his footsteps and over-act him in his treasons . whereas the most abominable tyrant , horrible , odious , and erraut false traitor , iohn cade , calling himself sometimes mortimer , sometime captain of kent , ( which name , fame , acts and feats , to be removed out of the speeh and mind of every faithful christian man , perpetually , ) fasly and trayterously purposing and imagining the pertual destruction of the kings person and finall subversion of this realm , taking upon him * royall power , and gathering to him the kings people in great number , by false , svbtil , imagined langvage , and seditiously made a stirring rebellion , and insurrection , under colour of justice for reformation of the laws of the said king , robbing , slaying , spoiling a great part of his faithfull people : our said soveraign lord the king , considering the promises with many other , which were more odious to remember , by advice and assent of the lords spirituall and temporall , and at the reqvest of the commons , and by authority aforesaid , hath ordained and established , that the said iohn cade shal be had named and declared a false traytor to cur said soveraign lord the king ; and that all his tyranny , acts , facts , false opinions , shall be voyded , abated , adnulled , destroyed , and put out of remembrance for ever , and that all indictments in time coming , in like case under power of tyranny , rebellion and stirring had , shall be of no regard , nor effect , but void in law : and all the petitions * delivered to the said king in his last parliament holden at westminster , the sixth day of november , the 29 , of his reign , against his mind , by him not agreed , shall be taken and put in oblivion out of remembrance , undone , voided , adnulled and destroyed , for ever as a thing purposed against god and his couscience , and against his royall estate and preheminence , and also dishonourable , and unreasonable . 5. in the a 8 year of king henry the 8. william bell and thomas lacy , in the county or kent conspired with thomas cheyney ( the hermite of the queen of fairies ) to overthrow the laws and cvstoms of the realm : for effecting whereof , they with 200. more met together , and concluded upon a cause , or raising greater forces in kent , and the adjacent shires , this was adiudged high treason , and some of them executed as traytors , moreover it b was resolved by all the judges of in the reign of henry s. that an insurrection against the statute of labourers , or for the inhansing of salaries and wages was treason , a levying war against the king , because it was generally against the kings law , and the offenders tooke upon them the reformation thereof , which subjects by gathering of power , ought not to do . 6. on a december 1. in the 21. yeer of king henry the 8. sir thomas moor , lord chancellor of england , with 14. more , lords of the privy councel , iohn fitz iames , chief justice of england , and sir anthony fitzherbert , one of the judges of the common pleas , exhibited sundry articles of impeachment to king henry the 8. against cardinall wolsy , that he had by divers and many sundry ways and fashions committed high treason , and notable grievous offences , misusing , altering and subverting the order of his graces laws , and otherwise ; contrary to his high honour , prerogative , crown , estate and dignity royall , to the inestimable great hinderance , dimunition and decay of the universal wealth of this his graces realm . the articles are 43. in number : the 20 , 21 , 26 , 30 , 35 , 47 , 42 , 43. contain , his illegal , arbitrary practices and proceedings to the subversion of the due course and order of his graces laws , to the undoing of a great number of his loving people . whereupon they pray , please therefore your most excellent majesty of your excellent goodness towards the weal of this your realm , and subjects of the same , to see such order and direction upon the said lord cardinal , as may bee to terrible example of others , to beware to offend your grace and your lawes hereafter : and that he be so provided for , that he never have any power , jurisdiction or authority hereafter , to trouble , vex , or impoverish the commonwealth of this your realm ; as he hath done heretofore , to the great hurt and dammage of every man almost , high and low . his * poysoning himself prevented his iudgment for these his practises . 7. the b statute of 1. marie● . 12. enacts , that if 12. or more shall endeavour by force to alter any of the laws or statutes of the kingdome : the offender shall from the time therein limited be adjudged onely as a felon : whereas it was treason before , but this act continuing but till the next parliament , and then expiring , the offence remains treason as before . 8. in the a 39. of queen elizabeth divers in the county of oxford consulted together , to go from house to house , in that county , and from thence to london and other parts to excite them to take arms for the throwing down of inclosures throughout the realm ; nothing more was prosecuted , nor assemblies made ; yet in easter term 39. elizabeth , it was resolved by all the judges of england ( who met about the case ) that this was high treason , and a levying warre against the queen , because it was to throw down all inclosures throughout the kingdome to which they could pretend no right , and that the end of it was to overthrow the laws and statutes for inclosures . whereupon bradshaw and bvrton ( two of the principall offenders ) were condemned and executed at aic●ston hill in oxfordshire , where they intended their first meeting . 9. to come nearer to our present times and case . in the last parliament of king charls . anno 16●0 . 1641 b the whole house of commons impeached thomas earle of stafford , lord deputy of ireland of high treason , amongst other articles , for this crime especially ( wherein all the other centred , ) that he treasonably endeavoured by his words , actions and counsels , to subvert the fundamentall lawes of england , and ireland , and introduce an arbitrary and tyrannicall government . this the whole parliament declared and adjudged to be high treason , c in and by their votes , and a speciall act of parliament for his attainder ; for which he was condemned and soon after executed on tower hill as a traytor to the king and kingdome , may 2● 1641. 10. the whole house of common● the same parliament impeached ` william l●●d archbishop of canterbury , of high treason , in these 〈…〉 1646. first , that he hath traytorously endeavoured 〈…〉 fundamental lawes and government of this kingdome of england , and instead thereof to introduce an arbitrary and tyrannical government against law : and hee to that end hath wickedly and traiterously advised his majesty , that hee might at his own will and pleasure , levy and take money of his subjects without their consent in parliament , and this hee affirmed was warrantable by the law of god . secondly , he hath for the better accomplishment of that his trayterous design , advised and procured sermons and other discourses , to be preached , printed and published , in which the authority of parliaments , and the force of the laws of this kingdome have been denyed , and absolute and unlimited power over the persons and estates of his majesties subjects maintained and defended , not onely in the king , but in himself , and other bishops against the law . thirdly , he hath by letters , messages , threats and promises , and by divers other ways to judges , and other ministers of justice , interrupted , perverted , and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of justice in his majesties courts at westminster and other courts , to the subversion of the lawes of this kingdome , whereby sundry of his majesties subjects have been stopt in their just suits , deprived of their lawfull rights , and subjected to his tyrannicall will , to their ruine and destruction . fourthly , that he hath trayterously endeavoured to corrupt the other courts of justice , by advising and procuring his maiesty to sell places of judicature , and other offices , contrary to the laws and customes in that behalf . fifthly , he hath trayterously caused a book of canons to be compiled and published , without any lawfull warrant and authority in that behalf ; in which pretended canons many matters are contained , contrary to the kings prerogitive , to the fundamentall laws and statutes of this realm , to the rights of parliament , to the property , and liberty of the subject , and matters tending to sedition and of dangerous consequence ; and to the establishing of a vast , unlawful , presumptuous power in himself and his successors , &c. seventhly , that he hath trayterously endeavoured to alter & subvert gods true religion by law est ablished , and instead thereof to set up popish religion and idolatry , and to that end hath declared , and maintained in speeches and printed books , divers popish doctrines , and opinions , contrary to the articles of religion , established by law . hee hath urged and enjoyned divers popish and superstitious ceremonies , without any warrant of law ; and hath cruelly persecuted those who have opposed the same , by corporal punishments , and imprisonments , and most unjustly vexed others , who refused to conform thereunto by ecclesiastical censures , excommunication , suspension , deprivation , and degradation , contrary to the laws of this kingdome . 13. he did by his own authority and power , contrary to law , procure sundry of his majesties subjects , and enforced the clergy of this kingdome to contribute towards the maintenance of the war against the scots . that to preserve himselfe from being questioned for these and other his trayterous courses , hee hath laboured to subvert the rights of parliament , and the ancient course of parliamentary proceedings , and by false and malicious slanders to incense his majesty against parliaments . all which being proved against him at his tryall , were after solemn argument by mr. samuel brown in behalf of the commons house proved , and soon after adjudged , to be high treason at the common law , by both houses of parliament ; and so declared in the ordinance for his attainder : for which he was condemned and beheaded as a traytor against the king , law , and kingdom , on tower-hil , january 10. 1644. 11. in the a same parliament , december 21. ian. 14 : february 11. 1640. and iuly 6. 1641. sir john finch , then lord keeper , chief justice bramston , judge berkley , judge●crawley , chiefe baron davenport , baron weston , and baron turnour , were accused and impeached by the house o● commons , by several articles transmitted to the lords of high treason , for that they had traitorously and wickedly endeavoured to subvert the fundamentall laws and established government of the realm of england ▪ and instead thereof to introduce an arbitrary and tyrannicall government against law ; which they had declared by traiterous and wicked words , opinions judgment , and more especially in this their extrajudical opinion subcribed by them in the case of ship-money , viz. we are of opinions that when the good and safety of the kingdome in general is concerned , and the whole kingdome in danger ; your majesty may by wr●● under the great seal of england ( without consent in parliament ) command all your subjects of this your kingdome , at their charge to provide and furnish such a number of ships , with men victual and ammunition , and for such time as your majesty shall think fit , for the defence and safeguard of the kingdome , from such danger and peril : and we are of opinion , that in such case , your majesty is the sole judge both of the danger and when , and how , the same is to be prevented and avoided ; and likewise for arguing and giving judgment accordingly in master iohn hampdens case , in the exchequer chamber , in the point of ship money in april 1638. which said opinions are destructive to the fundamentall laws of the realm , the subjects right of propriety ; and contrary to former resolutions in parliament , and the petition of right ; as the words of their several impeachments run . sir john finch fled the realm to preserve his head on his shoulders some others of them died through fear , to prevent the danger soon after their impeachments and the rest put to fines , who were less peccant . 12. mr. iohn pim , in his declaration upon the whole matter of the charge of high treason against thomas earle of stafford , april 12. 1641. before a committee of both houses of parliament in westminster hall ; printed and published by order of the house of commons , proves his endeavour to subvert the fundamentall law of england , and to introduce an arbitrary power ; to be high treason , and an offence very hanious in the nature , and mischievous in the effects thereof ; which ( saith he ) will best appear , if it be examined by that universall and supream law , salus populi : the element of all lawes , out of which they are derived : the end of all lawes , to which they are designed , and in which they are perfected . 1. it is an offence comprehending other all offences . here you shall finde severall treasons , murthers , rapins , oppressions , perjuries . there is in this crime , a seminary of all evills , hurtfull to a state ; and if you consider the reasons of it , it must needs be so . the law , is that which puts a difference betwixt good and evill : betwixt just and unjust . if you take away the law , all things wiill fall into confusion ; every man will become a law to himself , which in the depraved condition of humane nature must needs produce many great enormities . * lust will become a law , and envy will become a law , covetousnesse and ambition will become lawes ; and what dictates , what decisions such lawes will produce , may easily be discemed in the late government of ireland , ( and england too since this . ) the law hath a power to prevent , to restrain , to repair evils : without this all kinds of mischiefes and distempers will break it upon a state . it is the law that doth the king to the alegiance and service of his people : it intitles the people to the portection and justice of the king , &c. the law is the bondary , the measure betwixt the kings prerogative , and the peoples liberty , whiles these move in their own orb , they are a support and security to one another : but if these bounds be so removed that they enter into contestation and conflict , one of these mischiefs must needs ensue . if the prerogative of the king overwhelme the liberty of the people , it will be turned into tyranny : if liberty undermine the peprogative it will turne into anarchy . the law is the safegard , the custody of all private interests , your honours , your lives , your liberties , and estates are all in the keeping of the law , without this every man hath a like right to any thing : and this is the condition into which the irish were brought by the earle of strafford , ( and the english by others who condemned him . ) and the reason which he gave for it , hath more mischiefe than the thing it selfe : they are a conquered nation ( let those who now say the same of england , as well as scotland , and ireland , consider and observe what follows , ) there cannot be a word more pregnant and fruitfull in treason , then that word is , there are few nations in the world , that have not been conquered , and no doubt but the conquerour may give what laws he please , to those that are conquered . but if the succeeding acts and agreements do not limit & restrain that right , what people can be secure ? england hath been conquered , and wales hath been conquered ; and by this reason will be in little better case then ireland . if the king by the right of a conquerour give lawes to his people , shall not the people by the same reason be restored to the right of the conquered , to recover their liberty if they can ? what can be more hurtfull , more pernicious than such propositions as these ? 2. it is dangerous to the kings person : and dangrous to his crown : it is apt to cherish ambition , usurpation and oppression in great men : and to beget sedition , discontent in the people , and both these have been , and in reason must ever be causes of great trouble and alterations to prince and state . if the histories of those easterne countries be perused , where princes order their affaires according to the mischievous principles of the earle of straffords loose and absolved from all rules of government ; they will be found to be frequent in combustions , full of massacres , and of the tragicall end of princes . if any man shall look into our own stories in the times , when the laws were most neglected , he shall finde them full of commotions , of civil distempers : whereby the kings that then raigned were alwayes kept in want and distresse , the people consumed with civill warres ; and by such wicked counsels as these , some of our princes have been brought to such miserable ends , as * no honest heart can remember without horror and earnest prayer , that it may never be so again . 3. as it is dangerous to the kings person and crown , so it is in other respects very prejudiciall to his majesty , in honour , profit and greatnesse ( which he there proves at large , as you may there read at leasure ) and yet these are the guildings and paintings , that are put upon such counsells : these are for your honour , for your service . 4. it is inconsistent with the peace , the wealth , the prosperity of a nation . it is destructive to justice , the mother of peace : to industry , the spring of wealth ; to valour , which is the active vertue , whereby the prosperity of a nation can onely be procured , confirmed , and enlarged . it is not onely apt to take away peace , and so intangle the nation with warres , but doth corrupt peace , and powres such a malignity into it , as produceth the effects of warre : both to the * nobility and others having as little security of their persons or estates , in this peaceable time , as if the kingdome had beene under the fury and rage of warre . and as for industry and valour , who will take paines for that , which when he hath gotten , is not his own ? or who fights for that wherein he hath no other interest , but such as is subject to the will of another ? &c. shall it be treason to embase the kings coine ; though but a piece of twelve pence or six pence , and must it not needs be the effect of greater treason to * embase the spirits of his subjects , and to set a stamp and character of servitude upon them , whereby they shall be disabled to do any thing for the service of the king or common wealth ? 5. in times of sudden danger , by the invasion of an enemy , it will disable his majesty to preserve himself and his subjects from that danger . when warre threatens a kingdome , by the comming of a forreign enemy , it is no time then to discontent the people , to make them weary of the present government , and more inclinable to a change . the supplies which are to come in this way , will be unready , uncertain ; there can be no assurance of them , no dependence upon them , either for time or proportion . and if some money be gotten in such a way , the distractions , the divisions , distempers , which this cause is apt to produce , will be more prejudiciall to the publick safty , than the supply can be advantageous to it . 6. this crime is contrary to the pact and covenant between the king and his people , by mutall agreement and stipulation , confirmed by oath on both sides . 7. it is an offence that is contrary to the ends of government . 1. to prevent oppressions ; to * limit and restraeine the excessive power and violence of great men : to open passages of justice with indifference towards all . 2. to preserve men in their estates , to secure them in their lives and liberties . 3. that vertue should be cherished , and vice suppress●d : but where laws are subverted , and arbitrary and unlimited power set up ; a way is open not onely for the security , but for the advancement and incouragement of evill . such men as are * aptest for the execution and maintenance of this power are onely capable of preferment , and others , will not be instruments of any unjust commands , who make conscience to doe any thing against the law of the kingdome , and libbeties of the subject , are not only not passable for imployment ; but subject to much jealousy and danger , ( is not this their condition of late and present times ? expertus quor . ) 4. that all accidents and events , all counsels , and designs , should be improved to the publick good . but this arbitrary power is apt to dispose all to the maintenance of it self . and is it not so now ? 8. the treasons of subversions of the lawes , violation of liberties can never be good or justifiable by any circumstance or occasion , being evil in their own nature , how specious or good so ever they be pretended . he alledgeth it was a time of great necessity and danger , when such counsels were necessary for the preservation of the state , ( the plea since , and now used by others , who condemned him : ) if there were any necessity it was of his own making . he by his evill counsel had brought the king ( as others the kingdome since ) into a necessity ; and by no rules of justice can be allowed to gain this advantage to his justification ; which is a great part of his offence . 9. as this is treason in the nature of it , so it doth exceed all other treasons in this ; that in the designe and endeavour of the authour , it was to be a constant and permanent treason ; a standing , perpetuall treason , which would have been in continuall act , not determined within one time or age , but transmitted to posterity , even from generation to generation . and are not others treasons of late times such , proclaimed such , in and by their owne printed papers , and therein exceeding straffords ? 10. as it is a crime odious in the nature of it , so it is odious in the judgement and estimation of the law . to alter the settled frame and constitution of government in any state . ( let those consider it who are guilty of it in the highest degree , beyond strafford , canterbery , or the shipmoney judges in our own state ) the lawes whereby all parts of a kingdom : are preserved , should be very vaine and defective , if they had not a power to secure and preserve themselves . the forfeitures inflicted for treason by our law , are of life , honour , and estate , even all that can be forfeited : and this prisoner , although he should * pay all these forfeitures , will still be a debtor to the common wealth . nothing can be more equall , then that he should perish by the justice of the law , which he would have subverted . neither will this be a new way of blo●d . there are marks enough to trace this law to the very originall of this kingdome . and if it hath not been put in execution , as he alledgeth this 240 yeares ; it was not for want of law , but that all that time had not bred a man * bold enough to commit such crimes as these : which is a circumstance much aggravating his offence , and making him no lesse liable to punishment , because he is the * onely man , that in so long a time hath ventured upon such a treason as this . thus far mr. john pym ; in the name and by the order and authority of the whole commons house in parliament , which i wish all those , who by their words , actions , counsels ( and printed publications too , have trayterously endeavored to subvert the fundamentall lawes , liberties of england and ireland , and to introduce an arbitrary and tyrannical government against law , as much as ever strafford did , and out stripped him therein , ( ever since his execution ) in all particulars , for which he was beheaded ; would now seriously lay to heart , and speedily reform , lest they equall or exceed him conclusion , in capitall punishments for the same , or endlesse hellish torments . the next authority i shall produce in point is , the speech and declaration of mr. oliver st. john at a conference of both houses of parliament , concerning ship-mony upon judge finches impeachment of high treason , january 14. 1640. printed by the commons orders , london , 1641. wherein he declares the sense of the commons . p. 12. &c. that by the judges opinions ( forecited ) concerning ship-mony the fundamental laws of the realm concerning our property and our persons are shaken . whose treasonable offence herein , he thus aggravates . p. 20. &c. the judges , as is declared in the parliament of 11 r. 2. are the executors of the statutes , and of the judgements and ordinances of parliament . they have here made themselves the * execvtioners of them : they have endevoured the destrvction of the fvnd amentals of ovr laws and liberties . holland in the low-countries lies under the sea : the superficies of the land , is lower than the superficies of the sea . it is capitall therefore for any man to cut the banks , because they defend the country . besides our own , even forreign authors , as comines observes , that the statute de tallagio , and the other old laws are the sea walls and banks , which keep the commons from the inundation of the prerogative . these * pioners have not onely undermined these banks , but they have levelled them even with the ground . if one that was known to be hostis patriae , had done this , thought the dammage be the same , yet the guilt is lesse ; but the conservatores riparum , the overseers instructed with the defence of these banks , for them to destroy them ; the breach of trust aggravates , nay alters the nature of the offence . breach of trust , though in a private person , and in the least things , is odious amongst all men : much more in a publick person , in things of great and publick concernement , because * great trust binds the party trusted to greatest care and fidelity . it is treason in the constable of dover-castle to deliver the keys to the known enemies of the kingdome , because the castle is the key of the kingdome : whereas if the house-keeper of a private person , deliver possession to his adversary , it is a crime scarce punishable by law . the * judges under his majesty , are the persons trusted with the laws , and in them with the lives , liberties and estates of the whole kingdome . this trust of all we have , if primarily from his majesty , and * in him delegated to the judges . his majesty at his coronation is bound by his oath to execute justice to his people according to the laws , thereby to assure the people of the faithfull performance of his great trust : his majesty again , as he trusts of judges with the performance of this part of his oath ; so doth he likewise exact another oath of them , for their due execution of justice to the people , according to the laws : hereby the judges stand intrusted with this part of his majesties oath . if therefore the judges shall do wittingly against the law , they do not onely break their own oaths , and therein the common faith and trust of the whole ki●●dome , but do as much as in them lies , sperse and blemish the sacred person of his majesty with the odious and hateful fin of * perjury . my lords , the hainousnesse of this offence is most legible in the * severe punishment which formour ages have inflicted upon those judges , who have broken any part of their oaths wittingly , though in things not so dangerous to the subject , as in the case in question . * sir thomas wayland , chief justice of the common-pleas , 17 e. 1. was attainted of felony for taking bribes , and his lands and goods forefeited , as appears in the pleas of parlament , 18 e. 1. and he was banished the kingdome , as unworthy to live in the state against which he had so much offended . * sir william thorp chief justice of the kings bench in edward the thirds time , having of five persons received five severall bribes , which in all amounted to one hundred pounds , was for this alone , adjudged to be hanged , and all his goods and lands forfeited : the reason of the judgement is entered in the roll in these words . quia praedictus wilielmus * throp qui sacramentum domini regis erga populum suum habuit ad custodiendum , fugit malitiosè falsò & rebeliter , quantum in ipso suit , there is a notiable declaration in that judgement , that this judgement was not to be drawn into example , against any other officers , who should break their oaths , but onely against those , qui predictum sacramentum fecerunt , & fregerunt , & * habent leges angliae ad custodiendum : that is onely to the judges oaths , who have the laws intrusted unto them . this judgement was given 24. e. 3. the next year in parliament 25 e. 3. numb. 10. it was debated in parliament , whether this judgement was legall ? et nullo contradicente , is was declared , to be just and according to the law : and that the * same judgement may be given in time to come upon the like occasion . this case is in point , that it is death for any judge wittingly , to break his oath in any part of it . this oath of thorp is entred in the roll , and is the same verbatim with the judges oath in 18 e. 3. and is the same which the judges now take . ( and let those who have taken the same oath , remember and apply this president , lest others do it for them . ) your lordships will give me leave to observe the differences between that and the case in question . 1. that of thorp , was only a selling of the law by retail to those five persons ; for he had five severall bribes , of these five persons ; the passage of the law to the rest of the subjects for ought appears , was free and open . but these opinions are a conveyance of the law by wholesale , and that not to , but from the subject . 2. in that of thorp , as to those five persons , it was not an absolute den●all of justice , it was not a damming up , but a straightning only of the chanel . for whereas the judges ought judicium reddere , that is , the laws being the birthright and inheritance of the svbject , the judge when the parties in suit demand judgment , should re● dare , freely restore the right unto them ; now he doth not dare , but vendere , with hazard only of perverting justice ; for the party that buyes the judgement , may have a good and honest cause . but these opinions , besides that they have cost the subjects very dear , dearer then any , nay , i think i may truly say , then all the unjust judgements that ever have been given in this realm , witnesse the many hundred thousand pounds , which under colour of them have been levied upon the subjects , amounting to * seven hundred thousand pounds and upwards , that have been paid unto the treasurer of the navy , ( in sundry years ) besides what the subjects have been forced to pay sheriffes , sheriffes-bayliffes , ( and now an hundred times more to troopers , and souldiers , who forcibly levy their unlawfull contributions , and excises ) and otherwise ; which altogether as is conceived , amounts not to lesse then a million ( in five years space , whereas now we pay above two millions in taxes , imposts , excises , every year ) besides the infinite vexations of the subject by suits in law , binding them over , attendance at the councel table , taking them from their necessary imployments , in making sesses , and collections , and imprisonment of their persons ( all now trebled to what then ) i say besides what is past , to make our miseries compleat , they have as much as in them is made them endlesse ( as others since have done ) for by these opinions they have put vpon themselves and their successors , an impossibility of ever doing us right again , and an incapacity upon us of demanding it so long as they continue ( as the compilers of the late instrument , with 42. strings , intituled , the government of the common-wealth of england , &c. artic. 1 , 2 , 3 , 9 , 10 , 12 , 22 , 24 , 25 , 26 , 27 , 28 , 31 , 32 , 36 , 37 , 38 , 39. have done , as far as they , and much beyond them . ) in that sore famine in the land of egypt , when the inhabitants were reduced to the next door to death ( for there they say , why should we die ? ) for bread , first they give their mony , next their flocks and cattle , last of all their persons and lands for bread ; all became pharaohs ; but by this lex regia , there is a transaction made , not only of our persons , but of our bread likewise , wherewith our persons should be sustained ; that was for bread , this of our bread . for since these opinions , if we have any thing at all , we are not at all beholding to the law for it , but are wholly cast upon the mercy and goodnesse of the king . again , there the egyptians themselves , sold themselves , and all they had to the king , if ours had been so done ; if it had been so done by our own free consent in parliament , we had the lesse cause to complain : but it was done against our wills , and by those who were trusted , and that upon oath , with the preservation of these things for us . the lawes are our forts , and bulwarks of defence : if the captain of a castle , only out of fear and cowardize , and not from any compliance with the enemy surrender it , this is treason , as was adjudged in parliament , 1 r. 2. in the two cases of comines and weston , and in the case of the lord gray , for surrendring barwick castle to the scots , in edward the thirds time , though good defence had been made by him , and that he had lost his eldest son in maintenance of the siege : and yet the losse of a castle ioseph not the kingdome , only the place and adjacent parts , with trouble to the whole . but by the opinions , there is a surrender made of all our legall defence of property : that which hath been preacht is now judged ; that there is no meum & tuum , between the king and people ; besides that which concerns our persons . the law is the temple , the sanctuary , whether subjects out to run for shelter and refuge : hereby it is become templum sine numine , as was the temple built by the roman emperour , who after he had built it , put no gods into it . we have the letter of the law still , but not the sense : we have the fabrick of the temple still , but the dii tutelares are gone . but this is not all the case , that is , that the law now ceaseth to aide and defend us in our rights , for then possession alone were a good title , if there were no law to take it away : occupanti concederetur , & melior esset possidentis conditio : but this : though too bad is not the worst : for besides that which is privitive in these opinions , there is somewhat positive . for now the law doth not only not defend us , but the law it self , ( by temporising judges and lawyers ) is made the instrument of taking all away . for whensoever his majesty or his successors , shall be pleased to say , that the good and safety of the kingdome is concerned , and that the whole kingdome is in danger , the when and how , the same is to be prevented , makes our persons and all we have liable to bare will and pleasure . by this means , the sanctuary is turned into a shambles ; the forts are sleighted , that so they might neither do us good nor hurt ; but they are held against us by those who ought to have held them for us , and the mouth of our own canon is turned upon our own selves : and that by our own military officers , souldiers , and others since , as well as the ship money judges then ) thus farre mr. oliver st. john ( by the commons order ) whose words i thought fit thus to transcribe at large , because not only most pertinent , but seasonable for the present times ; wherein as in a looking glasse , some pretended judges and grandees , of these present and late past times , may behold their own faces and deformities ; and the whole nation their sad condition under them . in the residue of that his printed speech , he compares the treason of the ship-money judges , and of sir robert tresylium and his complices in xi . r. 2. condemned and executed for traytors by judgement in parliament , for endevouring to subvert the lawes and statutes of the realm by their illegall opinions then delivered to king richard at nottingham castle , not out of conspiracy , but for fear of death and corporall torments wherewith they were menaced : whose offence he there makes transcendent to theirs then in six particulars , as those who please may there read at leisure , being over large to transcribe , i could here inform you , that the fundamentall lawes of our nation , are the same in the body politique of the realm , as the arteries , nerves , veins , are in , and to the naturall body , the bark to the tree ; the foundation to the house : and therefore the cutting of them asunder , or their subversion , must of necessity , kill , destroy , disjoyne and ruine the whole realme at once : therefore it must be treason in the highest degree . but i shall only subjoyn here some materiall passages , in his argument at law , concerning the attainder of high treason of thomas earl of strafford , before a committee of both houses of parliament in westminster hall , april 29. 1641. soon after printed and published by order of the commons house : wherein p. 8. he laies down his position ; recited again , p. 64. that ( straffords ) endeavouring to subvert the fundamentall lawes and government of england and ireland , and instead thereof to introduce a tyrannicall government against law , is treason by the common-law . that treasons at the common-law , are not taken away by the statutes , by 25. e. 3. 1. h. 4. c. 10. 1. mar. c. 1. nor any of them . the authorities , judgements in and out of parliament which he cites to prove it , have been already mentioned , with some others he omitted ; i shall therefore but transcribe his reasons to evince it to be treason , superadded to those alledged by him against the ship money judges . pag. 12. it is a warre against the king ( let our military officers and souldiers consider it ) when intended . the alteration of the lawes or government in any part of them . this is a levying warre against the king ( and so treason within the statute of 25 ▪ e ▪ 3. ) 1. because the king doth maintain and protect the lawes in every part of them . 2. because they are the kings lawes . he is the fountain from whence in their severall channels , they are derived to the subject . whence all our indictments run thus : trespasses laid to be done , contra pacem domini regis , &c. against the kings peace for exorbitant offences ; though not intended against the kings person ; against the king his crown and dignity . pag. 64. in this i shall not labour at all to prove , that the endevouring by words , counsels and actions , to subvert the fundamentall lawes and government of the kingdome is treason at the common law . if there be any common law treasons at all left , nothing treason if this not , to make a kingdome no kingdome . take the polity and government away , england's but a piece of earth , wherein so many men have their commerce and abode , without rank or distinction of men , without property in any thing further than in possession ; no law to punish the murdering , or robbing one another . pag. 70 , 71 , 72. the horridnesse of the offence in endeavouring to overthrow the lawes and present government , hath been fully opened before . the parliament is the representation of the whole kingdome , wherein the king as head , your lordships as the more noble , and the commons , the other members are knit together in one body polititick . this dissolved , the arteries and ligaments that hold the body together , the lawes . he that takes away the lawes , takes not away the allegiance of one subject only , but of the whole kingdome . it was made treason by the statute of 13. eliz. for her time to affirm , that the lawes of the realme doe not binde the descent of the crown . no law , no descent at all , no lawes no peerage , no ranks nor degrees of men , the same condition to all . it s treason to kill a judge upon the bench ; this kils not judicem sed jvdicivm . there be twelve men , but no law ; never a judge amongst them . it s felony to embezel any one of the judiciall records of the kingdome : this at once sweeps them all away and from all . it s treason to counterfeit a twenty shilling piece : here 's a counterfeiting of the law : we can call neither the counterfeit nor the true coin our own . it s treason to counterfeit the great seal for an acre of land : no property is left hereby to any land at all , nothing treason now , against king or kingdome ; no law to punish it . my lords , if the question were asked in westminster hall , whether this were a crime punishable in star chamber , or in the kings bench , by fine or imprisonment ? they would say , it were higher . if whether felony ? they would say , that is an offence only against the life or goods of some one , or few persons . it would i beleeve be answered by the judges , as it was by the chief justice thirning , 21 r. 2. that though he could not judge the case treason there before him , yet if he were a peer in parliament ; he wovld so adjudge it . ( and so the peers did herein straffords , and not long after in canterburies case , who both lost their heads on tower hill . i have transcribed these passages of mr. oliver st. iohn at large for five reasons . 1. because they were the voice and sense of the whole house of commons by his mouth ; who afterwards owned and ratified them by their speciall order for their publication in print , for information and satisfaction of the whole nation , and terrour of all others who should after that , either secretly or openly , by fraud or force , directly or indirectly , attempt the subversion of all , or any of our fundamentall laws , or liberties , or the alteration of our fundamentall government , or setting up any arbytrary or tyranicall power , taxes , impositions , or new kinds of arbitrary judicatories , and imprisonments against these our lawes and liberties . 2. to mind and inform all such who have not only equalled , but transcended strafford and canterbury in these their high treasons , even since these publications , speeches , and their exemplary executions , of the hainousnesse , in excusablenesse , wilfulnesse , maliciousnesse , capitalnesse of their crimes ; which not only the whole parliament in generality , but many of themselves in particular , so severely prosecut , condemned , and inexorably punished of late years in them : that so they may bewail , repent of , and reform them with all speed and diligence , as much as in them lies . and withall , i shall exhort them seriously to consider that gospel terrifying passage , rom. 2. 1 , 2 , 3. therefore thou art inexcusable o man , whosoever thou art that judgest ; for wherein thou judgest another , thou condemnest thy self , for thou that judgest , doest the same things . but we are sure that the judgement of god is according to truth against them which commit such things . and thinkest thou this , o man , that judgest them which do such things , and doest the same , that thou shalt escape the judgment of god . 3. to excite all lawyers , expecially such who of late times have taken upon them the stile and power of judges , to examine their consciences , actions , how far all or any of them have been guilty of these crimes and treasons , so highly agravated , and exemplarily punished of former and latter times , in corrupt , cowardly time-serving , degenerate lawyers and judasses , rather then judges , to the disgrace of their profession , and prejudice of the fundamentall lawes , liberties , rights , priviledges of our nation , peers , parliaments , subversion of the fundamentall government of this famous kingdome , whereof they are members . 4. to instruct those jesuited anabaptists , levellers and their factors ( especially john canne , and the rest of the compilers , publishers , abetters of the pamphlet intituled , lieutenam colonel lilburn , tryed and cast , and other forementioned publications : ) who pro●es●edly set themselves by words , writing , counsels and overt acts to subvert both our old fundamentall ( and all other laws ) liberties , customes , parliaments and government , what transcendent malefactors , traytors and enemies they are to the publick , and what capitall punishments , they may thereby incurre , as well as demerit , should they be legally prosecuted for the same ; and thereupon to advise them timely to repent of , and desist from such high treasonable attempts . 5. to clear both my self and this my seasonable defence of our fundamentall lawes , liberties , government , from the least suspition or shadow of faction , sedition , treason , and enmity to the publick peace , weal , settlement of the nation , which those , ( and those only ) who are most factions and sediditious , and the greatest enemies , traytors to the publick tranquility , weal and establishment of our kingdome , ( as the premises evidence ) will be ready maliciously to asperse both me and it , with , as they have done some other of my writings of this nature ; with all which , they must first brand mr. st. john , mr. pym , the whole house of commons , the last two , with all other parliaments forecited , ere they can accuse , traduce , or censure me , who do but barely relate , apply their words and judgments without malice or partiality , for the whole kingdomes benefit and security . to these punctuall full jury of records and parliamentary authorities in point , i could accumulat sir edward cook his 3. institutes , p. 9. printed and authorised by the house of commons speciall order , the last parliament : the severall speeches of mr. hide , mr. walker , mr. pierpoint and mr. hollis ; july 6. 1641. at the lords bar in parliament , by order of the commons house , at the impeachment of the shipmony judges of high treason , printed in diurnall oc●urrences , and speeches in parliament , london 1641. p. 237. to 264. mr. samuel browns argument at law before the lords and commons at canterburies attainder ; all manifesting , their endevouring to subvert the fundamentall laws and government of the nation to be high treason ; with sundry other printed authorities to prove , that we have fundamental laws , liberties , rights , and a fundamentall government likewise , which ought not to be innovated , violated , or subverted upon any pretences whatsoever , by any power or prevailing faction . but to avoid prolixity , ( the double jury of irrefragable and punctuall authorities already produced , being sufficient to satisfie the most obstinate opposites formerly contradicting it ) i shall onely adde three swaying authorities more , wherewith i shall conclude this point . the first is a very late one , in a treatise intituled , a true state of the common wealth of england , scotland and ireland , and the dominions thereunto belonging , in reference to the late established government , by a lord protector and a parliament . it being the judgement of divers persons , who throughout these late troubles , have approved themselves faithfull to the cause and interest of god , and their country : presented to the publick , for the satisfaction of others . printed at london 1654. who relating the miscarriages of the last assembly at westminster , use these expressions of them , p. 13 , 14 , 16 , 17 , 21 , 22. but on the contrary , it so fell out in a short time , that there appeared many in this assembly of very contrary principles to the interest aforesaid , which led them violently on to attempt and promote many things , the consequence whereof woul● have been : a subverting of the fundamentall laws of the land , the destruction of property , and an utter extinguishment of the gospel . in truth their principles led them to a pulling down all and establishing nothing . so that instead of the expected settlement , they were running out into further anarchy and confusion . as to the laws and civil rights of the nation , nothing would serve them , but a totall eradication of the old , and introduction of a new : and so the good , old laws of england , ( the guardians of our lives and fortunes ) established with prudence , and confirmed by the experience of many ages and generations : ( the preservation whereof , was a principall ground of our late quarrel with the king ) having been once abolished , what could we have expected afterward , but an inthroning of arbitrary power in the seat of judicature , and an exposing of our lives , our estates , our liberties , and all that is dear unto us , as a sacrifice to the boundlesse appetite of m●er will and power , &c. things being at this passe , and the house ( through these proceedings ) perfectly disjointed , it was in vain to look for a settlement of this nation from them , thus constituted : but on the contrary , nothing else could be expected , but that the common-wealth should sink under their hands , and the great cause hitherto so happily upheld and maintained , to be for ever lost , through their preposterous management of these affairs , wherewith they had been intrusted . whereupon they justifie their dissolution , and turning them forcibly out of doores by the souldiers , with shame and infamy ; to prevent that destruction which thereby was coming on the whole land , but this new powder treason plot , set on foot by the jesuites and anabaptists , to destroy our laws , liberties , properties , ministers , and religion it self , at one blow , and that in the very parliament house , where they had been constantly defended , vindicated , preserved , established in all former ages by all true english parliaments . the second is , a the votes of the house of commons , concerning a paper presented to them , entituled an agreement of the people for a firm and present peace , upon grounds of common right 9. november , 1647. viz. resolved upon the question , that the matters contained in these papers , are destructive to the being of parliaments , and to the fundamentall government of this kingdome , resolved , &c. that a letter be sent to the generall and those papers inclosed , together with the vote of this house upon them ; and that he be desired to examine the proceedings of this businesse in the army ( where it was first coined ) and return an accompt hereof to this house . these votes were seconded soon after with these ensuing votes , entred in the commons journall , and printed by their special order , 23. november , 1647. a petition directed to the supream authority of england , the commons in parliament assembled , the humble petition of many free born people of england , &c. was read the first and second time . resolved upon the question , that this petition is , a sedititious and contemptuous avowing and prosecution of a former petition and paper annexed , stiled , an agreement of the people formerly adjudged by this house , to be destructive to the being of parliaments and fundamentall government of the kingdome . resolved , &c. that thomas prince cheesemonger , and samuel chidley , be forthwith committed prisoners to the prison of the gatehouse , there to remain prisoners during the pleasure of this house , for a seditious avowing and prosecution of a former petition , and paper annexed , stiled , an agreement of the people , formerly ajudged by this house to be destructive to the being of parliaments and fundamentall government of the kingdome . resolved &c. that jeremy jues , thomas taylor and william larnar , be forthwith committed to the prison of newgate , there to remain prisoners , during the pleasure of this house , for a seditious and contemptuous avowing and prosecution of a former petition and paper annexed , stiled , an agrement of the people , formerly adjudged by this house , to be destructive to the being of parliaments and fundamentall government of this kingdome . resolved , &c. that a letter be prepared and sent to the generall ; taking notice of his proceeding in the execution ( according to the rules of warre ) of a mutinous person ( avowing and prosecuting this agreement in the army contrary to these votes ) at the rendezvouz near ware ; and to give him thanks for it : and to desire him to prosecute that businesse the to bottome ; and to bring such guilty persons as he shall think fit , to condigne and exemplary punishment . resolved , &c. that the votes upon the petition and agreement annexed , and likewise the votes upon this petition be forthwith printed and published . after which by a speciall ordinance of both houses of parliament , 17 december , 1647. no person whatsoever , who had contrived , plotted , prosecuted or entred into that engagement inti●uled the agreement of the people declared to be destructive to the being of parliaments , and fundamentall government of the kingdome , for one whole year , was to be elected , chosen or put into the office or place of lord mayor or alderman , sheriffe , deputy of a ward , or common councel man of the city of london ; or to have a voice in the election of any such officer . all these particulars , with the capitall proceedings against white and others who fomented this agreement in the army , abundantly evidence the veriey of my foresaid proposition , and the extraordinary guilt of those members and souldiers , who contrary to their own votes , ordinances , proceedings and censures of others , have since prosecuted this , the like , or far worse agreement , to the destruction of our ancient parliaments and their priviledges , and the fundamentall government , laws and liberty of our nation , which i wish they would now sadly lay to heart . the third is the memorable statutes of 3. jacobi ch 1 , 2 , 4 , and 5. which relating the old gunpowder treason of the jesuites and papists , and their infernal , inhumane , barbarous , detestable plot , to blow up the king , queen , prince , lords , commons , and whole house of peers with gunpowder , when they should have been assembled in parliament , in the upper house of parliament , upon the fifth of november , in the year of our lord 1605. do aggravate the hainousnesse and transcendency thereof by this circumstance , that it was ( as some of the principall conspirators thereof confessed ) purposely devised and concluded to be done in the said house , that where sundry necessary and religious laws for preservation of the church and state were made ( which they falsely and standerously term , cruel laws enacted against them and their religion ) both place and persons should be all destroyed and blown up at once : and by these dangerous consequences if it had not been miraculously prevented , but taken effect . that it would have turned to the utter ruine , overthrow and subversion of the whole state and common-wealth of this flourishing and renowned kingdome and gods true religion therein established by law , and of our laws and government . for which horrid treason , they were all attainted , and then executed as traytors , and some of their heads , quarters , set up upon the parliament house for terrour of others . even so let all other traytors , conspirators against our fundamental laws , liberties , government , kings , parliaments , and religion , treading presumptuously in their jesuiticall footsteeps , * perish o lord , but let them who cordilally love , and strenuously maintain them against all conspirators , traytors , underminers , invaders whatsoever , be as the sun when he goeth forth in his might : that the land may have rest , peace , settlement again , for as many years at least , as it had before our late innovations , wars , confusions , by their restitution and establishment . chap. ii. having thus sufficiently proved , that the kingdome , and freemen of england , have some ancient , hereditary rights , liberties , franchises , priviledges , customes , properly called fvndamentall , as likewise a fundamentall government , no wayes to be altered , under mined , subverted , directly or indirectly , under the guilt and pain of high treason in those who attempt it ; especially by fraud , force , or armed power . i shall in the second place present you in brief propositions , a summary of the chiefest and most considerable of them , which our prudent ancestors in former ages , and our latest reall parliaments , have both declared to be , and eagerly contested for , as fundamentall and essentiall to their very being and well being , as a free people , kingdome , republick , unwilling to be enslaved under any yokes of tyranny or arbitrary power , that so the whole nation may the more perspicuously know and discern them , the more strenuously contend for them , the more vigilantly watch against their violations , underminings in any kind , by any powers , or pretences whatsoever ; and transmit , perpetuate them intirely to their posterities , as their best and chiefest inheritance . i shall comprise the summe and substance of them all in these 9. propositions ; beginning with the subjects property , which hath been more frequently , universally invaded , assaulted , undermined by our kings , and their evill instruments ; and thereupon more strenuously , frequently and vigilantly maintained , retained by our nobles , parliaments and the people in all ages ( till of late years ) than any or all of the rest put together , though every of them have been constantly defended , maintained , when impugned , or incroached upon by our ancestors and our selves . 1. that no tax , tallage , aid , subsidy , custome , contribution , loan , imposition , excise or other assessement whatsoever , for defence of the realm by land or sea , or any other publick ordinary , or extraordinary occasion , may or ought to be imposed , or levyed upon all or any of the freemen of england , by reason of any pretended or reall danger , necessity or other pretext ; by the kings of england , or any other powers , but onely with and by their common consent and grant , in a free and lawfull parliament duly summoned and elected : except onely such ancient , legall ayds , as they are specially obliged to render by their tenures , charters , contracts , and the common law of england . 2. that no freeman of england ought to be arrested , confined , imprisoned , in any private castles , or remote , unusuall prisons under souldiers or other guardians , but onely in usuall or common gaols , under sworn , responsible gaolers , in the county where he lives , or is apprehended , and where his friends may freely visit and relieve him with necessaries : and that onely for some just , and legall cause expressed in the writ , warrant , or processe , by which he is arre●●ed , or imprisoned ; which ought to be legally executed by known , legal , responsible sworn officers of justice , not unknown military officers , troopers , or other illegall catchpols , that no such freeman ought to be denied bail , mainprise , or the benefit of an habeas corpus , or any other legal writ for his enlargement , when bailable or incumpernable by law ; nor to be detained prisoner for any reall or pretended crime , not bailable by law , then untill the next generall or speciall gaol-delivery , held in the county where he is imprisoned ; where he ought to be legally tried and proceeded against , or else enlarged by the justices , without deniall or delay of right and justice . and that no such freeman may or ought to be outlawed , exiled , condemned to any kind of corporall punishment , losse of life or member , or otherwise destroyed or passed upon , but onely by due and lawfull processe , indictment , and the lawfull triall , verdict and judgment of his peers , according to the good old law of the land , in some usuall court of publick justice : not by and in a new illegall , military , or other arbitrary judicatories , committees , or courts of high justice , unknown to our ancestors . 3. that no freeman of england , unlesse it be by speciall grant and act of parliament may or ought to be compelled , enforced , pressed or arrayed to go forth of his own countrey ( much lesse out of the realm into forreign parts ) against his will in times of warre or peace , or except he be specially obliged thereto by ancient tenures and charters ; save onely upon the sudden coming of strang enemies into the realm , and then he is to array himself onely in such sort , as he is bound to do by the ancient laws and customs of the kingdome still in force . 4. that no freeman of england , may or ought to be disinherited , disseised , dispossed or deprived of any inheritance , freehold , liberty , custome , franchise , chattle , goods whatsoeuer without his own gift , grant , or free consent , unlesse it be by lawfull processe , triall and judgment of his peers , or speciall grant by act of parliament . 5. that the old received government , laws , statutes , customes , priviledges , courts of justice , legall processe of the kingdome and crown ought not to be altered , repealed , suppressed , nor any new from of government , law , statute , ordinance , court of judicature , writs , or legall proceedings instituted or imposed on all or any of the free men of england , by any person or persons , but onely in and by the kingdomes free and full consent in a lawfull parliament , wherein the legislative power solely resides . 6. that parliaments ought to be duly summoned , and held for the good and safety of the kingdome every year , or every three years at least , or so often as there is just occasion . that the election of all knights , citizens , and burgesses , to sit and serve in parliament ) and so of all other elective officers ) ought to be free . that all members of parliament hereditary or elective , ought to be present , and there freely to speak and vote according to their judgements and consciences , without any over-awing guards to terrifie them ; and none to be forced or secluded thence . and that all parliaments not thus duly summoned , elected whilst held , but unduly packed , and all acts of parliament fraudulently and forcibly procured by indirect means , ought to be nulled , repealed , as void , and of dangerous president . 7. that neither the kings nor any subjects of the kingdome of england , may or ought to be summoned before any forreign powers or jurisdictions whatsoever , out of the realm , or within the same , for any manner of right , inheritance , thing belonging to them , or offence done by them within the realm . 8. that all subjects of the realm are obliged by allegiance and duty to defend their lawfull kings , persons , crowns , the laws , rights and priviledges of the realm , and of parliament against all usurpers , traytors , violence , and conspiracies . and that no subject of this realm , who according to his duty , and allegiance shall serve his king in his warres , for the just defence of him and the land , against forreign enemies or rebels , shall lose or forfeit any thing for doing his true duty , service , and allegiance to him therein ; but utterly discharged of all vexation , trouble , or losse . 9. that no publick warre by land or sea ought to be made or levied with or against any forreign nation , or publick truce or league entred into with forreign realms or states , to bind the nation , without their common advice and consent in parliament . 10. that the ancient , honours , manors , lands , rents , revenues , inheritances , right , and perquisites of the crown of england , originally settled thereon for the ease & exemption of the people from all kind of tax●s , payments whatsoever ( unlesse in cases of extraordinary necessity ) and for defraying all the consant , ordinary , expences of the kingdome , ( as the expences of the kings houshold , court , officers , judges , embassadors , garisons , navy and the like ) ought not to be sold , alienated , given away or granted from it , to the prejudice of the crown and burdening of the people . and that all sales , alie nations , gifts , or grants thereof , to the empairing of the publick revenue , or prejudice of the crown and people , are void in law , and ought to be resumed , and repealed , by our parliaments and kings , as they have frequently been in all former ages . for the readers fuller satisfaction in each of these propositions ( some of which i must shew here , but briefly touch , for brevity sake , having elsewhere fully debated them in print ) i shall specially recommend unto him the perusall of such tracates , and arguments formerly published , wherein each of them hath been fully discussed , which he may peruse at his best leasure . the first of these fundamentalls ( which i intend principally to insist on ) is fully asserted , debated , confirmed by 13. h. 4. f. 14. by fortes●ue lord chief justice , and chancellour of england , de laudibus legum angliae , dedicated by him to king henry the 6 f. 25. c. 36. f. 8● . by a learned and necessary argument against impositions in parliament , of 7. jacobi : by a late reverend judge , printed at london 1641. by mr. william hakewell , in his liberty of the subject against impositions , maintained in an argument in the parliament of 7. jacobi : printed at london 1641. by judge crooks , and judge huttons arguments concerning shipmony both printed at london 1641. by the case of shipmony briefly discussed london , 1640. by mr. st. johns argument , and speech against shipmony , printed at london , 1641. by sir edward cook in his 1. institutes , p. 46. and 57. to 64. and 528. to 537. by the 1. and 2. remonstrance of the lords and commons in parliament , against the commission of array . exact collection p. 386. to 398. and 850. to 890. and by my own humble remonstrance against shipmony , london , 1643. the fourth part of the soveraign power of parliaments and kingdomes , p. 14. to 26. and my legall vindications of the liberties of england against illegall taxes , &c. london 1649. and by the records and statutes cited in the ensuing chapter , referring for the most part to the first proposition . the second , third , and fourth of them are la●gely debated and confirmed by a conference desired by the lords , and had by a committee of both houses , concerning the rights and priviledges of the subject , 3. ap●ilis , 4. ca●ol●printed at london 1642. by sir edward cook in his institutes on magna charta . c. 29. p. 45. to 57. by the 1. and 2. remonstrance of the lords and commons against the commission of array , exact collection p. 386. &c. 850. to 890. by judge crooks , and judge huttons arguments against shipmony : by sir robert cotton his posthuma p. 222. to 269. by my breviate of the prelates encroachments on the kings prerogative , and subjects liberties . p. 138. &c. my new discovery of the prelates tyranny , p. 137. to 183. and some of the ensuing statutes , and records . the fifth and sixth of them are fully cleared and vindicated in and by the prologues of all our councils , statutes , laws , before and since the conquest . by sir edward cooks 4. institutes ch. 1. mr. cromptons jurisdiction of courts . title , high court of parliament : my soveraign power of parliaments and kingdomes , p. 1 , 2 , 3 , 4. my legal vindication against illegal taxes , and pretended acts of parliament , london 1649 prynne the member , reconciled to prynne the barrester , printed the same year . my historicall collection of the ancient great councils of the parliaments of england . london 1649. my truth triumphing over falshood , antiquity over novelty . london 1645. and some of the records hereafter transcribed . in this i shall be more sparing , because so fully confirmed in these and other treatises . the seventh is ratified by sir edward cooks 1. institutes , p. 97 , 98. 4. institutes p. 89. and 5. report cawdries case of the kings ecclesiasticall lawes : and rastals abridgement of statutes . tit. provisors , praemunire and rome , 11. h. 7. c. 1. and other records and statutes in the ensuing chapter . the eighth and ninth are fully debated in my soveraign power of parliaments and kingdomes , part. 2. p. 3. to 34. part fourth , p. 162. to 170. and touched in sir robert cottons posthuma p. 174. to 179. how all and every of these fundamentall liberties , rights , franchises , lawes , have been unparalelledly violated , subverted , in all and every particular of late years beyond all presidents in the worst of former ages , even by their greatest pretended propugners ; their own printed edicts , instruments , ordinances , papers , together with their illegall oppressions , taxes , excises , imposts , rapines , violences , proceedings of all kinds , ( whereof i shall give a brief accompt in its due place ) will sufficiently evidence , if compared with the premised propositions . which abundantly confirm the truth of our saviours words , john 10. 1. 10. and this rule of johannis angelius , wenderhagen : politicae synopticae . lib. 3. c. 9. sect. 11. p. 310. hinc regulae loco notandum , quod omne regnum vi armata acquisitum in effectu subdit is semper in durioris servitutis conditiones arripiat , licet à principio ducedinem prurientibus 〈◊〉 videatur . ideo cunctis hoc cavendum , nè temrè 〈◊〉 patiantur . finis . notes, typically marginal, from the original text notes for div a56227e-30 a joh. 17. 17. 2 cor. 6. 7. eph. 1. 12. ja. 1. 18 ▪ b 2 sam. 22. 8 , 16. iob 38. 4 ▪ 6. psal. 18 , 15. & 102. 25. & 1 4. 5. prov. 8. 29. isa. 24 18. & 40 21. & 48. 13. & 51. 13 , 16. ier. 31. 17. 24 ephes. 4 4 heb. 1. 10. & 4. 3 & 9. 26. 1 pet. 1. 20. c 1 king. 5. 17 & 6. 37. & 7. 9 , 10. ezr. 4. 13 & 6 3. ps. 137. 7. ezek. 41. 8. hag. 2. 8. zech. 4 9 & 8. 9 mat. 7 ▪ 26 , 27. luke 6. 48 , 49. d isa. 28. 16. & 54 , 11. psal. 87. 1. 1 cor. 3. 10 , 11 , 12. heb. 11. 10. 1 pet. 2. 6. rev. 21. 14. 19. e 2 tim. 1. 19. heb. 6. 1 , 2. f ier. 50. 15. micah . 1. 6 , 7. l●ke 6. 48 , 49. mat. 7. 26 , 27. a lib. tryed and cast , p. 39 , 40 , 142 , to 4● 154 ] canne's voice from the temple , which perswades the subversion and abolishing of all former lawes , especially for tythes & ministers support . a 2 thes. 24 ▪ b see exact collect and a general collect. 〈◊〉 ordinances , &c. c see culpeper's & lilly's merlins & almanacks , john can's 2 voice , lib. tried and cast . with many petitions and pamphlets against the law and lawyers . the order of aug. 19. 1653. that there should be a committe selected to consider of a new body of the law , for the government of this common-wealth . * summum jus , est summa injuria . cic. de offic●is , p. 611. a lib. tryed and cast , p. 39. 40 , 142. to 148 and elsewhere . john can●●'s 2 voice from the temple . john rogers mene , 〈◊〉 , perex . p 6. lilly and culpeper in their prognostication : anno 1653. & 16 , 4 , see the arimies proposals . b see math. par●s . p. 2. 6 , & magna chart. 9. 11. ● h. 3. c. 1. & 38. 25 e. 1. c. 1 , &c. 28 e 1 , c. 1 , &c cook●s 2 instit. p. 2. not● see prop. 1 & 6 in chap 2. nota. * see cant. d●●m . p ▪ 19 , 26 , 40. d●urn . occu● rences , p. 13 see propos. 1. in chap. 2. * o how are they now degenerated ! nota. * and should they not be so now , then ? * and shal we now at last fail herein ? ‖ how dare then any self-created powers who are neither kings nor parliaments now arrogate to themselves , or exercise such a super-regal arbitrary power and prerogative ? nota. * and o that we would follow it now again ! nota. * and do not those do so , who now lay monthly taxes , excizes , customs , and new-impost on us daily out of parliament , and that for many months and years yet to come , against the letter of their own instrument and oath too ? a see canterburies doom , p. 19. diurnal-occurrences , p. 13. b exact collection , &c. p. 112 , 113. see chap. 2. p●oposition 3. 7. a exact collection , p. 850. 854 , 887 , 888. * do not the army-officers now enforce them to all this without a parliament ? * these expostulations reach to those at white-hall now , who presume to impose taxes , customs , excises , and make binding laws , which no kings there ever did in like nature , nor their counsels in any age . * exact collection , p. 888. a a collection of all publick orders , ordinances and declarations of parliament , p. 451 , 452 , 457 , 458. * yet forcibly dissolved by the army , and some now in power , against their commissions , oaths , trusts , protestation , covenant , and an act of parliament for their continuance ; who may do well to peruse this clause . see chap. 2. proposition 6 , 7. * how much more then , if the army , or army-officers shall do it , without question or exemplary punishment again and again , and justifie it still in print ? a a collection , &c. p. 504. b a collection , &c. p. 877 , 878 , 879. * and is not this now proved a real experimental truth , in some of these remonstants , to their shame ? * and can most of th●se remonstrants in late or present power , now say this in truth or reality ? and must no● they be utterly ashamed , confounded before god and men , when they consider how they have dissembled , prevaricated with god and men herein in each particular ? * and can the new modellers of our government over and over , who were parties to this declaration , and then members of the commons house , say so now ? or read this without blushing and self-abhorrence ? * is not a superintendent power in and over the army , above and against the parliament or people , far more dangerous and likely to introduce such an arbitrary government in the nation , if left in the general officers , or their councils power ? † did not the imposing a strange new engagement , and sundry arbitrary committees of indemnity , &c. interrupt it in the highest degree ; and the misnamed high courts of justice , and falsifie this whole clause ? a see the humble remonstrance against the illegal tax of ship-money , p. 1 , 2 , 3. the case of ship-money briefly discussed , p. 2. &c. englands birth-right , and other treatises . b wasingham , s●ow , holinshed , speed , grasten , baker , an : 5 r : 2 : john stows survay of london , p. 89 to 103 : mr: st. johns argument at law , at straffords attainder 〈◊〉 . a s●ow , holl●nshed , speed graston , baker in xi 31. r : 2 : and 1 : h : 4. s●atu●es at large , 11 : and 21. r : 2 : & 1h : 4. st : johns speech concerning the 〈◊〉 judges , p ▪ 8 to 37 : and argument at law , at straffords attainder . a mr. st. iohn at law against straffords attainder , p. 13 : 〈◊〉 , 17. * and have not others of 〈◊〉 assumed to themselve ; more royal power 〈◊〉 resolved to be treason by 21. e. 3. 〈…〉 . not● . * to wit . by c●de and his confederates for the alteration of the laws , &c. a see mr. s● . iohns argument 〈…〉 b cooks 3 institutes , p. 9. 10. a cooks 4 institues , ch. 8. p. 89. ●● 96. * see speed hollinshed grafton s●ow antiquitates ecclesia , brit . p. 378. & 379. and goodwin in hi● life time . b mr. s iohns argument against stra●ford a cook 3 inst. c. 1 , 9 , 10 and m : st : johns argument at law , against strafford p. 15 , 16. b see the journals of both houses , and act for his attainder , mr. pyms declaration upon the whole matter of the charge of high treason against him , april the 12. 1641 : m● . st : johos argument at law at his attainder , and diurnal occurrences . c see the commons and lords journals , his printed impeachment : mr: pyms speech thereat . canterburies d●●m , p : 25 , 26 ▪ 27 , 38 , 40 ▪ see chap. 2. proposition 1. a see the commons and lords iournals , diurnal occurrences , p. 15. 16. 19. 37 ▪ 191. to 264. and m. s. johns speech at a conference of both houses of parliament concerning shipmoney and these judges . together with the speeches of m●hide mr. walker , mr , pierpoint , mr. denzil hollis , at their impeachments , july 16. 1641. aggravating their offences in diurnal occurrences and speeches . see ch. 2. proposition 1. 〈◊〉 . h●d are they not so now● ▪ nota. nota. * note this all whole commons-house opinion then . * is not this an experimental truth now ▪ * and were they ever so base , cowardly , slavish as now ? * was ever their power , violence so unlimited unbounded in all kinds as now ? * is it not most true of late and still ? nota. nota. * and others , as well as he , of farre inferiour place and estate . * but have not our times bred men much bolder then he , since this speech was made , and he executed ? * since he hath many followers . * have none done so since them ? see chap. 2. proposition 1. * have not others pioners and jasses done the like ? * this is now grown a mere paradox . * what are they now of late times of publick changes ? * see 27. h. 8. c. 24. 26. magna charta . c. 12. 26. 32. h. 3. c. 1. 3 , 5. 9 , 20 ▪ 3 ▪ e. 1. c. 44. 45 , 46. 13 ▪ e. 1. 10 , 12. 30 , 31 , 35 , 39. 44 , 45. 25 ▪ e ▪ 1. c. 1 , 2. 27 ▪ e. 1. c. 2 , 3. 34. e ▪ 1. c. 6. 12 ▪ e. 2. c. 6. 2 ▪ e. 3. c. 3. 14 ▪ e. 3 ▪ c. 10. 16. rastal justices . * was it ever so frequent a sin as now in all sorts of late judges officers subjects ? * do none deserve as severe now ? * see cooks 3. instit. p. 146 , 147 , and f. . 133 hollished p. 284. 215. speeds hystory p. 651. stow walsingham , daniel in 18. ed. 1. * see cooks 3. instit. p. 145. * have none of thi , name , or of his functian since done the like in an higher degree ? * let custodes legum & libertatum angliae remember it . * let the repater and others considr● it . * this is nothing in comparison to the late taxes or excises imposed on the subjects , without a parliament amounting to above 20 times as much as the kings shipmo●y , and more frequent , uncessa● , and endless then it . a see my speech in parliament . p. 100. to 108. see speeds history , p. 1250 and mr. john vica●'s history of the gunpowder treason , and the arraignment of traytors . * judges 5. 3● . the antient right of the commons of england asserted, or, a discourse proving by records and the best historians that the commons of england were ever an essential part of parliament by william petyt of the inner-temple, esq. petyt, william, 1636-1707. 1680 approx. 265 kb of xml-encoded text transcribed from 136 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-11 (eebo-tcp phase 1). a54633 wing p1945 estc r422 12367639 ocm 12367639 60452 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a54633) transcribed from: (early english books online ; image set 60452) images scanned from microfilm: (early english books, 1641-1700 ; 221:1) the antient right of the commons of england asserted, or, a discourse proving by records and the best historians that the commons of england were ever an essential part of parliament by william petyt of the inner-temple, esq. petyt, william, 1636-1707. [10], 75, 184 p. printed for f. smith, t. bassett, j. wright, r. chiswell and s. heyrick, london : 1680. english and latin. reproduction of original in union theological seminary library, new york. marginal notes. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of commons. constitutional history -great britain. 2004-07 tcp assigned for keying and markup 2004-07 apex covantage keyed and coded from proquest page images 2004-08 judith siefring sampled and proofread 2004-08 judith siefring text and markup reviewed and edited 2004-10 pfs batch review (qc) and xml conversion the antient right of the commons of england asserted ; or , a discourse proving by records and the best historians , that the commons of england were ever an essential part of parliament . by william petyt of the inner-temple . esq . non nulli taedio investigandae veritatis cullibet opini●● potius igna●i succambunt , quàm explorandâ veritati pertinaci diligentiâ perseverare volunt . min. foelix . inter ●ericula veritatis & libertatis 〈◊〉 〈◊〉 . london , printed for f. smith , t. bassett , j. wright , r. chiswell , and s. heyrick , 1680. to the right honourable arthur earl of essex , viscount maldon , baron capell of hadham , lord lieutenant of the county of hertford , one of his majesties most honourable privy-council , and first lord commissioner of his majesties treasury . my lord , there have been authors of modern times , who have in their writings , concerning the government of this kingdom , published to the world , that the commons of england ( as now phrased ) were no part of the antient commune concilium , or parliament of this nation , before the forty ninth year of h. 3. and then introduced by rebellion . a position when seriously weighed , equally wounds the peerage of england , since the same authors say , that there is no formal summons of the lords to parliament , found upon record before that time . after i had often considered so great a point , and having often read of the freedom of this nation , that no englishman could lose his right or property but by law , the life and soul of this so famous and so excellently constituted government , the best polity upon earth ( which when united in all its parts by prudent councils , made always the people happy at home in peace , and the crown ever victorious abroad in war ) i did resolve to take pains to search , if matters thus represented to the highest disadvantage and prejudice of the people of england , were true or false ; which i have industriously and impartially endeavoured , and hope with that clearness , that will evidence to all unbiassed judgments , the unsoundness of those opinions . when i had so done , being unwilling my labour should be to my self alone , and not to those who search after knowledge in these matters , to disabuse and prevent others from building upon such mistaken and dangerous foundations , i thought it not unseasonable to publish this discourse , wherein there is no record cited , but ( in my opinion ) equally asserts the right of the peers of this kingdom , as well as of the commons , and therefore have taken the boldness to send it into the world under your lordships protection , whom i know to be a great lover of truth , to which all mankind ought to pay allegiance . i should have had great satisfaction , if before it had been put to the press , it might have received your lordships judicious corrections and approbation , whose knowledge and industry in venerable antiquity , and all other useful learning , is well known unto the world. but this happiness i could not reasonably expect , your lordships time being so much taken up in the service of the crown , whereof your lordship is so eminent , and so great a pillar , as your honourable imployments both at home and abroad , do sufficiently demonstrate . i most humbly beg your lordships pardon for my presumption in this dedication , which fault i hope may be extenuated by the relation i have to your lordship in my profession , and being deprived of other means , publickly to shew my humble gratitude for the many favours your lordship has been pleased to confer upon , my lord , your lordships most humble , most faithful , and most obedient servant , w. petyt . the preface . my principal design in this following discourse , is impartially to vindicate the just honour of our english parliament from the calumnies and reproches of some late authors who have asserted , 1. that an essential part of that great council , viz. the commons of england , represented by the knights , citizens , and burgesses in parliament , were introduced and began an. 49 h. 3. by rebellion . 2. that before that time the commons were never admitted to have any votes , or share in the making of laws for the government of the kingdom , nor to any communication in affairs of state. to discover and refute the unsoundness of the second position , and that the contrary may appear to be true , i shall before i come to answer the first , consider the second , and endeavour to prove , that during the brittish , saxon , and norman governments , the freemen or commons of england , as now called and distinguished from the great lords , were pars essentialis & constituens , an essential and constituent part of the wittena gemot , commune concilium , baronagium angliae , or parliament , in those ages . 1. under the brittish government . the brittons called their commune concilium , or parliament , kyfr-ythen then , because their laws were therein ordained ; and upon k. lucius his letter to pope elutherius , to send him the roman laws , the pope who could not be ignorant of the constitution and frame of the brittish polity , writes back to him , habetis penes vos in regno utramque paginam , ex illis dei gratia per concilium regni vestri sume legem , & per illam dei potentia vestrum rege britanniae regnum but what their laws and particular government were , is very uncertain , by reason that scripta patriae ( as gildas sayes ) scriptorumve monumenta ( si quae fuerint ) aut ignibus hostium exusta aut civium exulum classe longius deportata non comparent . the histories of our country ( if there were any ) are not to be found , being either burnt by the enemy , or carried beyond the seas by the banished brittons . yet this is certain , and not to be denied , that 〈◊〉 their elder time , the people or freemen , had a great share in their publick council and government . for dion cassius , or xipniline out of him in the life of severus assures us , apud hos i. e. britannos populus magna ex parte principatum tenet . 2. under the saxon government . it cannot be doubted but that the saxons who made themselves masters of the brittish nation , brought with them their country laws , and government ; and that the commons were an essential and constituent part of their commune concilium , tacitus tells us , de minoribus rebus principes consultant , de majoribus omnes , ita tamen ut ea quoque quorum penes plebem arbitrium est , apud principes praetractentur . after the saxon government became united and fixed under a sole christian monarch , they still continued and kept their antient wittena gemots , or parliaments , as now phrased , wherein they made laws and managed the great affairs of the king and kingdom , according to the plat-form of their ancestors . many authorities might be given to evidence this , i will instance in three or four . 1. then , we have that famous parliament summoned by king ethelbert , an. 605. which my author calls , commune concilium tam cleri quam populi . 2. about the year 712. king ina assembled a great council or parliament , wherein he made ecclesiastical laws concerning marriages , &c. and did other things , ad concordiam publicam promovendam per commune concilium & assensum omnium episcoporum , & principum , procerum , comitum & omnium sapientum seniorum & populorum totius regni . 3. and we read elsewhere , that the grand league and union between the brittons , saxons , and picts , was concluded and confirmed , per commune concilium & assensum omnium episcoporum , procerum , comitum & omnium sapientum seniorum & populorum & per praeceptum regis inae . 4. anno dom. 905. plegmundus cantuar. archiepiscopus unacum rege magnifico cognominato edwardo seniore concilium magnum episcoporum , abbatum , fidelium , procerum & populorum in provincia gewisorum ( in illa parte angliae quae in plaga australi sita est fluminis thamesis ) convocant , &c. unde salubriter constitutum est in hac synodo ut pro duobus episcopis quorum unus wintoniae , alter sireburniae sedem habuit , quinque crearentur antistites , ne grex domini pastorum cura orbatus luporum lanienae & voracitati subjicerentur ; and there were several other laws then made . william of malmsbury expresseth the saxon wittena gemott thus , generalis senatus & populi conventus & edictum . sir henry spelman : convenere regni principes tam episcopi quam magistratus liberique homines , consulitur de communi salute , de pace & bello & de utilitate publica promovenda . camden thus : quod saxones olim wittena gemot , nos parliamentum , & pananglicum recte dici possit , summamque & sacrosanctam authoritatem habet in legibus ferendis , confirmandis , antiquandis , interpretandis & in omnibus quae ad reipublicae salutem spectant . and so we find edward the confessor reforming and confirming the antient saxon laws , and making new ones , and that done à rege , baronibus & populo , as particularly in the law de apibus , how tythes ought to be paid of them , and other things . hence it is apparent and past all contradiction , that the commons in those ages were an essential part of the legislative power , in making and ordaining laws , by which themselves and their posterity were to be governed , and that the law was then the golden metwand and rule which measured out and allowed the prerogative of the prince and liberty of the subject , ( and when obstructed or denied to either , made the kingdom deformed and leprous . ) that great monarch aethelstan , in his prologue to his laws , made per commune concilium regni , thus declared and admitted ; ea mihi vos tantummodo comparatis velim quae juste ac legitime parare possitis . neque enim mihi ad vitae usum quicquam injuste acquiri cupiverim , etenim cum ea ego vobis lege vestra omnia benigne largitus sim , ut mea mihi vos itidem concedatis . i have past over the danish government , because i do not find that there was any great mutation , either of the council or laws of the english nation . it is true , king knute obtained the diadem or dominion of england ; but 't is as true he did not govern more victoris , as may evidently be proved , 1. from the form of penning his laws , they being ordained and confirmed , cum consilio & decreto archiepiscoporum , episcoporum , abbatum , comitum , aliorumque omnium fidelium , words of a large comprehension . 2. from his general law , or declaration of right to the english thus delivered to us by a faithful historian , william of malmesbury , who lived near those times . obtestor & praecipio meis consiliariis quibus regni consilia credidi , ne ullo modo aut propter meum timorem aut alicujus potentis personae favorem , aliquam injustitiam , amodò consentiant vel faciant pullulare in omni regno meo . praecipio etiam omnibus vicecomitibus & praepositis universis regni mei sicut meam volunt habere amicitiam aut suam salutem , ut nulli homini nec diviti vel pauperi vim injustam inferant , sed omnibus tam nobilibus quam ignobilibus sit fas justa lege potiundi , à qua nec propter favorem regium nec propter alicujus potentis personam , nec propter mihi congerendam pecuniam ullo modo deviant ; quia nulla mihi necessitas est , ut iniqua exactione pecunia mihi congeratur . after which the historian sayes : omnes enim leges ab antiquis regibus & maxime ab antecessore suo ethelredo latas sub interminatione regiae mulctae perpetuis temporibus observari praecepit , in quarum custodia etiam nunc tempore bonorum sub nomine regis edwardi juratur , non quod ille statuerit sed quod observaverit . 3. under the normans . king william the first . though william the conqueror got the imperial crown of england , and introduced several arbitrary laws , as new tenures , &c. yet did he never make such an absolute conquest , nor did the kingdom receive so universal a change , as our english modern authors ( as it were by a general consederacy , without examination of truth ) have published to the world , who father upon this revolution all the alterations which their conceits or fancies can imagine and suppose . thucydides saith , men receive the report of things , though of their own country , if done before their time , all alike , from one as from another , without any examination ; in like manner have those our historians been mistaken , by transcribing and patching out their histories one from another , so that in conclusion , with their own additions or comments , truth in many things is utterly lost . 1. the word conquestor or conqueror , did not in that age import or signifie what our late authors by flattery have since made it ; nor did it carry with it the enslaving of the nation , after that william had obtained the victory against harold , there being no more in the denomination of conqueror , than that after william had made claim to the crown from king edward the confessor , and harold opposed him , he was forced to get his right by battel against king harold ; and as to the word conquestus or conquest , mat. paris writes , rex angliae ex conquestu dicitur tamen , quod beatus edwardus , eo quod haerede caruit , regnum legavit willielmo bastardo duci normannorum . sir henry spelman in his glossary sayes , willielmus primus conquestor dicitur quia angliam conquisivit , i. e. acquisivit , purchased , non quod subegit . and sir john skene clerk of the register council , and rolls to king james in scotland , in his book , de verborum significatione , pag. 39. writes conquestus signifies lands quhilk ony person acquiris , and possessis privato jure , vel singulari titulo vel donatione vel singulari aliquo contractu . and therefore the learned knight , sir roger twi●den , who well understood the force of the word conquestus , in his preface before that kings laws , sayes , non existimo willielmum primum de omnium anglorum terris ad voluntatem suam & pro libitu in modum absolutae dominationis disposuisse . all which is most plain and justified infallibly by doomesday book , made in that kings reign , and in other subsequent records , where the title and claim of many common persons to their own and ancestors possessions , both in his time and in the time of the saxon kings , are clearly allowed ; but if king william had made an absolute and universal conquest of the realm in the modern sense , how could such titles have held , or who would or durst have made such claim , even against the king himself ? would he not have seized all into his own hands , and granted the conquered lands to others ? and his grant could not have been avoided by any englishman who had the inheritance and possession , and lived in peace before and at his coming in , and no title could be derived but from or under him , at least none could have been maintained against his grant. but that the contrary was true , will evidently appear if we consider , 1. that it is recorded in doomesday book , that king william had certain lands in demesne , viz. the lands which were in the hands of king edward , and entitled terrae edwardi regis , and other lands , which were forfeited to him by those who took part with harold , entitled terrae regis . 2. william the first having given away sharnborn in norfolk , to warren a great favourite , one of his normans ; edwinus de sharnborn , being an englishman , and true owner of the estate , demands his right in open court , before the king , upon this reason of law , that he never was against the king , either before or after he came in ; whereupon the king , vinculo juramenti astrictus , gave judgment of right against the norman , and sharnborn recovered the lordship . sir henry spelman out of an antient manuscript concerning the family of the sharnborns in norfolk , hath it thus . edwinus de sharborne & quidam alii qui ejecti fuerunt è terris suis , abierunt ad conquestorem & dixerunt ei quod nunquam ante conquestum , nec in conquestu nec post fuerunt contra ipsum regem in consilio & auxilio , sed tenuerunt se in pace . et hoc parati sunt probare quo modo ipse rex vellet ordinare . per quod idem rex fecit inquiri per totam angliam si ita fuit , quod quidem probatum fuit : propter quod idem rex praecepit ut omnes qui sic se tenuerunt in pace in forma praedicta , quod ipsi rehaberent omnes terras & dominationes suas adeo integre & in pace ut unquam habuerunt vel tenuerunt ante conquestum suum . this is cited almost as the only case or act of favour the conqueror did ; but that is a great mistake , for many other instances i could give of this nature , all acts of justice and right , as appears in doomesday book ; much more may be said upon this subject . i will only add the judicious assertion of a great lawyer and judge in edward the thirds time , admitted and agreed as a rule of law and truth , by the judges , and transmitted to posterity . le conqueror ( saith he ) ne vient pas pur ouster eux , qui avoient droiturell possession , mes de ouster eux que de lour tort avoient occupie ascun terre en desheritance del roy & son corone . it was spoken upon an objection made in a quo warranto against the abbot of peterborough , concerning a charter granted by king edgar to that abbey , which the kings council would have avoided upon this pretence for want of a better , because by the conquest all franchises were devolved and come to the crown . 2. king william claimed the english diadem , jure haereditario , from edward the confessor , which both his own laws , charters , and the charters of his two sons william and henry , do fully prove : there are some indeed that mention that he obtained the crown , ore gladii , but that must be understood quod jure belli contra harolaum ipse acquisivit , as a manuscript historian sayes . 3. he did not make an actual conquest by his arms ( when he came in ) of the fifth part of the nation , for the pope having sent him a consecrated banner , and a bull of excommunication against the bishops and clergy , if they opposed him in adhering to king harold , and he having got the victory at hastings , and the clergy with several of the nobility ( whom he had purchased to his part , both by money and great assurances of preferment and other advantages ) basely and treacherously deserting edgar etheling , a soft and weak prince , yet right heir to the crown ; at length upon williams declaring that he would confirm the laws of saint edward , he was electus à clero & populo , and with all the ceremonies and solemnities then in use , was crowned at westminster , the whole nation submitting to him . but hear what the historians of those times say . londoniam convenientibus francis & anglis ( ad nativitatem domini ) illisque omnibus concedentibus coronam totius angliae & dominationem suscepit . die ordinationi decreto locutus ad anglos condecenti sermone eborac . archiepiscopus sapiens , bonus , eloquens , an consentirent eum sibi dominum coronari inquisivit , protestati sunt hilarem consensum universi minime haesitantes , ac si coelitus unâ mente datâ unâque voce anglorum voluntati quam facillime normanni consonuerunt sermocinato apud eos a● sententiam percunctato à constantini praesule , sic electum consecravit archiepiscopus , imposuit ei diadema ipsumque regio solio , &c. ante altare s. petri apostoli coram ciero & populo jurejurando promittens se velle sanctas dei ecclesias & rectores illarum defendere necnon & cunctum populum sibi subjectum juste & regali providentia regere , rectam legem statuere & tenere , rapinas injustaque judicia penitus interdicere . exacto prius coram omni populo jurejurando quod se modeste erga subditos ageret & aequo jure anglos & francos tractaret . pursuant to all which , and to fix himself more sure in that his new-got chair of soveraignty , he by his magna charta , or great charter , grants and confirms the laws of edward the confessor . willielmus etiam rex cui sanctus edwardus regnum contùlit , leges ipsius sancti servandas esse concessit , saith sir henry spelman . but now we will set down a branch of the charter , which runs thus . volumus etiam ac firmiter praecipimus & concedimus ut omnes liberi homines totius monarchiae regni nostri praedicti habeant & teneant terras suas & possessiones suas bene & in pace , libere ab omni exactione injusta & ab omni tallagio . ita quod nihil ab eis exigatur vel capiatur nisi servitium suam liberum quod de jure nobis facere debent & facere tenentur & prout statutum est ets & illis à nobis datum & concessum jure haereditario imperpetuum per commune concilium t●tius regni nostri pr●di●●i . from all which it must necessarily be granted , 1. that this statute or law , was made per commune concilium totius regni . 2. the magna charta of w. 1. h. 1. king stephen , h. 2. and king john ( the last of which sayes , nullum scutag●um v●●●●●xilium ponam in regno nostro 〈◊〉 per commu●● co●silium regni ●●stri , the same in substa 〈…〉 with the great charter of william 〈◊〉 . ) was but 〈◊〉 resti●●●●on and declaration of the antient common law and right of the kingdom , and no law introduced de novo , or forced upon king john at running-mead , to the disinberison of the crown , and which by their several sacred coronation oaths they had so solemnly sworn inviolably to observe and keep . 't is true indeed king william the first gave away the estates of several of those who were in arms against him , to his adventurers and followers , but the rest of the english ( as well by his coronation oath , as by a solemn ratification of st. edwards laws in a parliament in his fourth year ) were to enjoy their estates and the benefit of those laws ; but that being not done in the general , and the english ( who declared à majoribus didicisse aut libertatem aut mortem ) being opprest by the king and normans , begun to be very uneasy under his government , so that things were brought , to that pass , that he vehemently feared , ne totum regnum turpiter amitteret etiam trucidatus ; to obviate which mischiess in the seventh year of his reign , ( for so i take it , ) by the policy of lanfrank archbishop of canterbury , serena facie vocavit eos , i. e. the english , ad pacem sed subdolam , who meeting at berkhamsted , post multos disceptationes , both parties came to a second-compact , and the king to give them satisfaction , reiterated his coronation oath , and swore upon the holy evangelists and reliques of st. alban , bonas & approbatas antiquas regni leges quas sancti & pii angliae reges ejus antecessores & maxime rex edwardus statuit , inviolabiliter observare , & sic pacificati ad propria laeti recesserunt . rex autem caute propositum suum pallians , perswaded many of the principal of the nobility and gentry to attend him into normandy , where civitatem quae cynomannis , & provinciam ad illam pertinentem maximo anglorum auxilio quos de anglia secum adduxerat , sibi subjugavit , the rest that remained here , he suddenly set upon apàrt , which he durst not attempt when united , multos eorum trucidando , exhaeredando & quamplures proscribendo , leges violans memoratas , & spoliatis anglis pro libitu ac sine judicio curiali depauperatis suos normannos in suorum hominum anglorum * natalium qui ipsum sponte sublimaverunt , provocationem , locupletavit . so that after this time , 't is plain , he bore a heavy hand upon the english , and increased his severity to acts of high injustice and barbarous cruelty , and so gave occasion to historians in future ages , to say , that when he came in , he totally subdued and crushed the nation , nobility , and gentry . yet notwithstanding the great power he took , we meet with some general councils or parliaments in his reign , whereby it appears , that the freemen or commons of england , were there , and had a share in making of laws ; for what could the promised restitution of the laws of edward the confessor signifie , if their wittena gemot , or parliament , the augustissimum anglicarum libertatum asylum & sacra anchora , was destroyed and broken ? for one of the fundamental and principal ends of parliaments , was for the redress of grievances , and easing the oppressions of the people . the mirror of justices , an antient and learned treatise of the law , saith , that parliaments were instituted , pur oyer & terminer les plaintes de tort de le roy , de la roigne & de lour infans , & de eux specialment de queux torts lun ne poet aver autrement common droit , to hear and determine the complaints of the wrongful acts of the king , the queen , and their children , and especially of those persons against whom the subject otherwise could not have common justice . and knighton ( one of our best historians ) writes , quod ex antiquo statuto & consuetudine laudabili & approbata , &c. that by an antient statute and custom , laudable and approved , which no man could deny ; the king was once in the year to convene his lords and commons to his court of parliament , as to the highest court of the whole realm . in qua omnis aequitas relucere deberet absque qualibet scrupulositate vel nota , tanquam sol in ascensu meridiei , ubi pauperes & divites pro refrigerio tranquilliratis & pacis & repulsione injuriarum refugium infallibile quaerere possent , ac etiam errata regni reformare & de statu & gubernatione regis & regni cum sapientiori concilio tractare ; ut inimici regis & regni intrinseci & hostes extrinseci destruantur & repellantur , qualiter quoque onera incumbentia regi & regno levius ad ediam communitatis supportari poterunt . in which court all equity ought to shine forth without the least cloud or shadow , like the sun in its meridian glory ; where poor and rich refreshed with peace and ease of their oppressions , may always find infallible and sure refuge and succour , the grievances of the kingdom redrest , and the state of the king and government of the realm debated with wiser councils , the domestick and foreign enemies of the king and kingdom destroy'd and repell'd , and to consider how the charges and burthens of both may be sustained with more ease to the people . but to return . an. d. 1070. which was in the third and fourth year of william the i. at a general council , or parliament , lanfranc was chosen archbishop of canterbury , eligentibus eum senioribus ejusdem ecclesiae cum episcopis ac principibus clero & populo angliae in curia regis in assumptione sanctae mariae . another author relates it thus . rex mittens propter illum in normanniam fecit eum venire in angliam , cui consensu & consilio omnium baronum suorum omniumque episcoporum & abbatum totiusque populi angliae commisit ei dorobernensem ecclesiam . anno 1072. the king summoned a general council , or parliament , at pinneden in kent , to examine and determine the great cause between lanfranc archbishop of canterbury , and odo bishop of bayeux , earl of kent , because the first , libertatem ecclesiae cantuariensis invaserat , yet judgment went for the archbishop , which mr. selden sayes , was confirmed totius regni assensu , or as eadmerus , stipulatione totius regni . in the fourteenth year of this king , at a general council , or parliament , held at westminster , the king by his charter confirmed the liberties of that church after he had subscribed his own name , with the sign of the cross , adding many of the great clergy and temporal nobility , instead of , cum multis aliis , hath these words , multis praeterea illustrissimis virorum personis & regum principibus diversi ordinis omissis qui similiter huic confirmationi piissimo affectu testes & fautores fuerunt . hii autem illo tempore à regia potestate diversis provinciis & urbibus ad universalem synodum pro causis cujustibet christianae ecclesiae audiendis & tractandis ad praescriptum celeberrimum synodum quod westmonasterium dicitur , convocati , &c. in the margine of the book i find writ this note , nota hic hos omnes convocari à rege sua auctoritate ad causas religionis tractandas tam nobiles de clero quam principes regni cum aliis inferioris gradus , conventio quorum videtur esse parliamentum . and in the year-book of e. 3. above 330. years since , in a case touching the exemption of the abbey of bury from the bishops of norwich , we have mention of a parliament held , en temps de w. conqueror à son parlement . king william the second . king william the first being dead , william his second son , then living , succeeded him in the kingdom ; who designing to prevent his elder brother robert of the crown , finding lanfranc archbishop of canterbury not altogether consenting with him therein , to the compleating his desire , and fearing lest the delay of his consecration might prejudice his desired honor , he begun by giving large gifts and rewards to the people , and as well by himself as all others whom he could engage , fide sacramentoque lanfranco promittere , by his faith and oath to promise unto lanfranc , si rex foret , justitiam , aequitatem & misericordiam se per totum regnum in omni negotio servaturum , he would in all actions observe and keep justice , equity , and mercy , through the whole kingdom ; that he would defend the peace , liberty , and safety of the church , against all men , and also , that he would in and through all things obey the precepts and counsels of the arch-prelate ; thereupon , in regem eligitur & consecratur . but not long after odo bishop of baiox , earl of kent , geffrey bishop of constance , robert earl of morton , roger earl of shrewsbury , and the greatest part of all the norman prelates and nobility in england , entred into a conspiracy to make robert king , and to deliver king william to his brother alive or dead ; and thereupon they took arms : the king hearing these things , and foreseeing his inevitable ruine if the english power did not preserve him , caused the english to be assembled together , and shewed them the treason of the normans , and intreats and begs them to help and defend him , upon this condition , that if they would be faithful to him in that his necessity and distress , he would grant them better laws which they should chuse , and would forbid or interdict all unjust scotts , taxes , or tallages , and grant to all persons their woods and hunting . upon which assurance and promise the english did faithfully assist him , and by thier power valiantly overthrew the normans , and preserved and fixed the crown upon williams head . but whatsoever he promised he kept but a short time , the words of the author are . his auditis rex fecit congregari anglos & ostendit eis traditionem normannorum & rogavit ut sibi auxilio essent , eo tenore ut si in hac necessitate sibi fideles existerent , meliorem legem quam vellent eligere eis concederet , & omnem injustum scott●m interdixit , & concessit omnibus sylvas suas & venationem . sed quicquid promisit , parvo tempore custodivit . angli tunc fideliter eum juvabant * . 't is therefore evident from hence , that william the second did not claim the crown jure gladii , by the power of the sword , nor did he affirm , that he had a despotical right to make or change laws , ad libitum suum sine assensu regni or parliament . and 't is a great observation to me , that from the pretended conquest to this day , i never read of any king of england that declared and publickly owned any such prerogative or right , but only that miserable and unfortunate prince richard the second , which the parliament roll thus expresseth . item , idem rex nolens justas leges & consuetudines regni sui servare seu protegere , sed secundum suae arbitrium voluntatis facere quicquid desideriis ejus occurreret , quandoque & frequentius quando sibi expositae & declaratae fuerant leges regni sui per justiciarios & alios de concilio suo & secundum leges illas petentibus justitiam exhiberet , dixit expresse vultu austero & protervo quod leges suae erant in ore suo & aliquotiens in pectore suo , & quod ipse solus possit mutare & condere leges regni sui ; & opinione illa seductus quampluribus de ligeis suis justitiam fieri non permisit , sed per minas & terrores quamplures à prosecutione communis justitiae cessare coegit . but far different were the sentiments and judgment of his grandfather great edward the third , who tells us : because , that by divers complaints made to us , we have perceived that the law of the land , which we by our oath are bound to maintain , is the less well kept , and the execution of the same disturbed many times by maintenance and procurement , as well in the court as in the country ; we greatly moved of conscience in this matter , and for this cause desiring as much for the pleasure of god , and ease and quietness of our subjects , as to our conscience , and for to save and keep our said oath , we have ordained , &c. and wise king james saith , that not only the royal prerogative , but the peoples security of lands , livings , and priviledges , were preserved and maintained by the antient fundamental laws , priviledges , and customs of this realm , and that by the abolishing or altering of them , it was impossible but that present confusion will fall upon the whole state and frame of this kingdom . and his late majesty of ever blessed memory , was of the same mind and opinion , when he said , the law is the inheritance of every subject , and the only security he can have for his life , or estate , and the which being neglected or dis-esteemed ( under what specious shew soever ) a great measure of infelicity , if not an irreparable confusion , must without doubt fall upon them . henry the first . after the death of king william , the magnates angliae , not knowing what was become of robert duke of normandy , eldest brother of the deceased king ( the said duke having been absent for five years in a voyage to the holy land ) were afraid to be long without a king , which henricus fratrum ultimus & juvenis sapientissimus cum callide cognovisset , congregato londoniis clero angliae & populo universo promisit emendationem legum quibus oppressa fuit anglia tempore patris sui & fratris nuper defuncti , ut animos omnium in sui promotionem accenderet & amorem , ut illum in regem susciperent & patronum ; to which it was generally answered , that if he with a willing mind would grant , and by his charter confirm to them , illas libertates & consuetudines antiquas , which their ancestors enjoyed in the time of edward the confessor , in ipsum consentirent & in regem unanimiter consecrarent . henry willingly granted this , and taking an oath , that he would perform it , consecratus est in regem , at westm. upon lady day , favente clero & populo , and so forthwith he was crowned by maurice bishop of london and thomas archbishop of york . after such his coronation , he granted and confirmed to the nation , for the advancement of holy church , and preservation of the peace of his people , a charter of their antient liberties . the charter the reader may find in that industrious revivor , and restorer of decayed and forgotten antiquities , mr. lambard , as also in matth. paris . where it appears , that the archbishops , bishops , barons , earls , vicounts , or sheriffs , & optimates totius regni angliae , were witnesses to the charter . and that at the coronation of the king , those laws were made , de communi consilio & assensu baronum regni angliae , by the common advice and assent of the barons of england . it being usual in succeeding ages , at the coronations of our english kings , to confirm , make , and ordain laws , de assensu baronum regni , per commune concilium regni , or parliament . i shall from hence observe two things . 1. that these laws were granted and confirmed , assensu baronum regni , or baronagii angliae , there being a clear difference between barones regis , and barones regni , as appears in the very bowels of those laws and elsewhere ; for the k. saith , si quis baronum nostrorum , &c. but who were comprehended under those first phrases , mr. camden will tell us , nomine baronagii angliae omnes quodammodo regni ordines continentur , and so the commons as we now call them , were there and assented to those laws . 2. clero & populo universo angliae congregatis . we read king stephen assensu cleri & populi in regem angliae electus , & per dominum papam confirmatus , 10 h. 2. congregato clero & populo regni , or as fitz-stephens , generali concilio , the king made the assise or statute of clarendon , which council the learned selden calls a full parliament . king john was crowned mediante tam cleri quam populi unanimi consensu & favore . anno 50 h. 3. per providentiam cardinalis , meaning the popes legate , apud kenilworth clerus & populus convocantur , which the patent roll of that year thus confirms . the king a le request de honourable pier sire ottobon legat d'engleterre son parlement eust sommons à kenilworth ; where the statute or dictum de kenilworth , was made between the king and his communante , or parlement . rex primo , postmodum clerus & populus juraverunt quod dictum inviolabiliter observarent . thus have i at length , i hope , fully ascertained and explained the historians phrase , clerus & populus , and proved it to be a parliament from the pat. roll of h. 3. yet i do not think that the lords temporal only were the populus , nor the lords spiritual the clerus ; for i agree with dr. heylyn , that there is no record , either of history or law ( which i have observed ) in which the word clerus serves to signifie the archbishops , and bishops , exclusive of the other clergy , or any writing whatsoever , wherein it doth not either signifie the whole clergy generally , or the inferior clergy only , exclusive of the archbishops , bishops , and other prelates ; and 't is my opinion as far as i can find , that the word populus following clerus , was , thema universale in significando , and comprehended as well the commons as the lords , and indeed the subject matter of the historians speaks it . william the second , henry the first , king stephen , and king john , were to be elected and created kings of england , having no hereditary right , 't was but reasonable then , and according to the laws and precedents of other countries in like cases , quod omnes tangit ab omnibus approbari debet , and so was the solemn resolution of both lords and commons in the parliament , 40 e. 3. that neither king john , nor any other , could put the realm or people of england into subjection , sanz assent de eux , without their assent , or as the parliament 29 h. 3. declared , sine assensu regni , or as malmesbury says , in vita willielmi primi , absque generali senatus & populi conventu & edicto . but now to close the reign of henry the first , i will out of that excellent historian matthew paris transcribe the oration , or speech of that king to the common council or parliament , in the seventh year of his reign , his elder brother robert duke of normandy , then claiming the crown of england , and ready to invade this nation with a great force ; the speech of the king , the learned monk thus delivers to us . magnatibus igitur regni ob hoc londoniam edicto regio convocatis rex talibus alloquiis mel & favum oleumque mellitis & mollitis blandiens dixit : amici & fideles mei indigenae ac naturales , nostis veraci sama referente , qualiter frater meus robertus electus & per deum vocatus ad regnum hierosolymitanum foeliciter gubernandum , & quam frontosè illud infoeliciter refutaverit , merito propterea à deo reprobandus . nostis etiam in multis aliis superbiam & ferocitatem illius ; quia vir bellicosus , pacis impatiens est , vosque scienter quasi contemptibiles & quos desides vocat & glutones conculcare desiderat . ego vero rex humilis & pacificus vos in pace in antiquis vestris libertatibus , prout crebrius jurejur ando promisi , gestio confovere , & vestris inclinando consiliis consultius ac mitius more mansueti principis sapienter gubernare , & super his ( si provideritis ) scripta subarata roborate & iteratis juramentis praedicta certissime confirmare , omnia videlicer quae sanctus rex edwardus deo inspirante providè sancivit inviolabiliter jubeo observari , ut mecum fideliter stantes fratris mei immò & mei & totius regni angliae hostis cruentissimi injurias potenter , animose ac voluntarie propulsetis . si enim fortitudine anglorum roborer , inanes normannorum minas nequaquam censeo formidandas . talibus igitur promissis , quae tamen in fine impudenter violavit , omnium corda sibi inclinavit , ut pro ipso contra quemlibet usque ad capitis expositionem dimicarent . this speech to me is another strong confirmation and argument against the norman conquest , for 't is luce clarius , 1. that king henry the first did not pretend to hold the crown jure victoris . 2. that the english were not totally subdued and destroyed by his father william the first . 3. that the son ( as well as the father ) had several times solemnly sworn to the inviolable observance of the laws of st. edward or of the saxon government . 4. king henry does not depend on the normans that came in with his father , no , it was upon the english common council , or parliament ; nor did he call them vassels and slaves , but amici & fideles mei naturales , in them he fixt his only hope and assurance , both for their fidelity and courage , and believed that they would ( as indeed they did ) preserve and defend his crown and life against the great power and policy of his and the kingdoms most bloudy enemies , who were ready to invade both with a mighty army ; it being then prudentially and politickly resolved unanimously in parliament , not to permit , or suffer the duke to land here , but to fight him in his own country , which the english then did ( forty years after the coming in of william the first ) and at one battle not only totally conquered and overthrew the normans , but took robert their duke prisoner , and thereby put a period to the dangers and fears of king henry the first , and in despite of the french power , set the ducal crown of normandy upon the head of king henry an english-man : and after robert had remained for some time in prison , at last to conclude the catastrophe of his unhappy life , he had his eyes burnt out of his head , and so by a sad fate left all to the english king. from all which authorities and reasons , under correction , it is sufficiently evidenced , that in the brittish , saxon , and norman governments , the commons ( as we now phrase them , ) had votes , and a share in the making and enacting of laws for the government of the kingdom , and that they were an essential part of the commune concilium regni , wittena gemot , or parliament , before and after the supposed conquest by king william the first . having thus concluded my preface , i shall now diligently apply my self to discuss that grand point touching the introduction of the commons into our great council , or parliament , as represented by the knights , citizens , and burgesses , being indeed the principal work i intended , and was finished before this preface ; the difficulty of which cannot be well judged of but by those who have undertaken subjects of like intricacy ; for i have at a great charge , and expence of time , and without any mans assistance or help , out of the dark and neglected paths of antiquity , endeavoured to make truth publick and general , and ( with submission ) i hope it will appear , that i have rescued from the force and power of a dangerous growing errour , the just and ancient rights and priviledges of our ancestors , in a matter of the highest moment and concern , which is impartially debated in the ensuing discourse ; a subject , whereof ( to the best of my knowledge ) no author hitherto hath so particularly treated . a discourse wherein is proved , that the commons of england were an essential part of the parliament before the 49 th of hen. 3. several great and learned authors of our age having in their works and writings frequently published , and asserted to the world this position as an unquestionable truth , that the commons in parliament ( as distinguished from the lords ) compounded of knights , citizens , and burgesses , had their first birth and beginning by rebellion , an. 49 h. 3. and that too after the battle of lewes , when the barons had the king and prince in their power as prisoners , and exercised regal authority in his name : the consideration and consequents thereof raised in my mind a great desire seriously and impartially to enquire into so important a point of antiquity ; and the better to satisfie both my own judgment , and the judgments of some of my friends , i have run over many records , and historians , both ancient and modern , in print and manuscript , but cannot find any authority or reason to give a colour to so harsh an assertion . i shall therefore , under an humble submission to so eminent antiquaries , endeavour to disprove this notion of 49 h. 3. by these following arguments . 1. from the claim and prescription of the borough of s t albans in the parliament of 8 e. 2. to send two burgesses to all parliaments , sicut caeteri burgenses regni totis retroactis temporibus , in the times of e. 1. and his progenitors ; if so , then in the time of king john grandfather to e. 1. and so before h. 3. 2. from records an o 15 o johannis regis , wherein the citizens and burgesses ( not so numerous then as after , and now ) together with the earls , barons , & magnates angliae , were to give consilium & auxilium ad honorem regis & suum & statum regni , who shortly after met at london , convocatum parliamentum de toto clero , & tota secta laicali , and so within the express prescription of the borough of st. albans . 3. from the solemn resolution and great judgment of both lords and commons in the parliament of 40 e. 3. against the pope , that if king john had an o 14 o of his reign ( which was three years before the granting of his magna charta ) made the kingdom tributary to the pope , he had done it sanz lour assent , which must be understood to be without the consent of the lords and commons , and therefore void . 4. from several records , inter alia , de annis 28 , 32 , 37 , 42 , 48 h. 3. mentioning parliaments then held , and their proceedings , in some of which the word commons is expresly mentioned , as well as the prelates , and magnates , to be part of those parliaments . 5. from an act of parliament 2 h. 5. that famous prince , where it is declared and admitted , that the commons of the land were ever a part of the parliament , and so consequently were part of the parliaments annis 16 , 17 johannis , 28 , 32 , 37 , 42 , 48 h. 3. all within the prescription of the borough of st. albans . 6. from the form of penning of acts of parliament , and expressions in records in 49 , 51 , 54 h. 3. when it is granted that the commons were a part of the legislative power , which agree with the phrases of records of acts of parliament before that time . 7. from the defect and loss of the parliament rolls of h. 3. and e. 1. and from the universal silence of all records , and our antient historians contemporary and succeeding 49 h. 3. till our days . 8. from the various opinions of learned men , in and since h. 8. time , who never dreamed of any such origine , nor was ever heard of , till of late . 9. from comparing of the ancient generale concilium , or parliament of ireland , instanced an o 38 h. 3. with ours in england , wherein the citizens and burgesses were , which was eleven years before the pretended beginning of the commons in england . the first argument . from the claim and prescription of the borough of st. albans , in the parliament of e. 2. to send two burgesses to all parliaments , sicut caeteri burgenses regni totis reretroactis temporibus , in the times of e. 1. and his progenitours , if so , then in the time of king john grandfather to e. 1. and so before h. 3. 1. the burgesses of st. albans in their petition to king e. 2. an o 8 o say , that they , sicut ●●eteri burgenses regni ad parliamentum regis ( when it should happen to be summoned ) per duos comburgenses suos venire debeant , prout totis retroactis temporibus venire consueverunt , tam tempore domini ed. nuper regis angliae patris regis , as well in the time of e. 1. the kings father , & progenitorum suorum , as in the time of e. 2. semper ante instans parliamentum , and declared that the names of such burgesses coming to parliament were always inrolled in the rolls of the chancery ; notwithstanding all which the sheriff of hartford at the procuration and favour of the abbot of st. albans and his council , refused burgenses praedictos praemunire , seu nomina eorum retornare prout ad ipsum pertinuit , &c. and therefore they pray remedy . respons . scrutentur rotuli , &c. de cancellaria , si temporibus progenitorum regis burgenses praedicti solebant venire vel non ? & tunc fiat eis super hoc justitia vocatis evocandis si necesse suerit . i do not think there needs much enforcing this record , since the prescription of sending duos comburgenses ad parliamentum regis , sicut caeteri burgenses regni did , is , that they and their predecessors were always accustomed to send two burgesses to parliament in all former ages , not only in the time of e. 1. but his progenitors ; therefore in king johns time , his grandfather at least , and so before h. 3. and though the answer to the petition , which in that age was given in parliament ( per concilium , or all the judges of england , and others the kings learned council ) say , scrutentur rotuli , si temporibus progenitorum regis ( which may go to the whole reign of king john , as before ) burgenses praedicti solebant venire , vel non ; yet that grave and wise council do not in the least scruple , but clearly admit and confirm the general prescription , that there were boroughs that sent burgesses to parliament , temporibus e. 1. & progenitorum suorum , which goes higher than h. 3. his father ; and it cannot in common reason be supposed , much less believed , that the burgesses of s t albans , or the lawyer or pen-man of the petition , should dare to tell the king and learned council , in the face of a parliament , a novelty so great and ridiculous , and that recorded to posterity by the council , that they and their predecessors , in the time of e. 1. and his progenitors , had sent two burgesses to every parliament , when all the world then knew ( if the modern opinion be true ) that there was never any election of any burgesses to parliament before the 49 h. 3. which was but 50. years before 8 e. 2. and at the time of the petition fresh in their own memories . no , surely the burgesses of s t albans did not ground their petition of right upon a general allegation , or an affirmation in nubibus ; but the justice and certainty of their claim , as they themselves very well knew , so they prayed it might be examined and tried by uncontroulable witnesses , records , the rolls of chancery . the chancellor and the rest of the council , did no less know there were such rolls , and therefore order the search ; but if the petition had been notoriously false and idle , instead of recording it to future ages , they would with contempt and scorn have rejected it , nor would the great abbot of s t albans , his council , and the sheriff of hertford , against whom the petition was exhibited , have been wanting in their own defence , to have shewed and proved that this antient prescription was a meer chimaera , and fable ; no , they all were well satisfied , that the borough had sent two burgesses to every parliament , in the time of e. 1. and his progenitors , and therefore it was in vain to oppose or contradict their just and antient right , according to their prescription ; all which appears clearly by this , that both before the time of the petition , and ever since , they have sent two burgesses to every parliament . the second argument . from records an. 15 johannis regis , wherein the citizens and burgesses , ( not so numerous then as after , and now , together with the earls , barons , & magnates angliae , ) were to give consilium & auxilium ad honorem regis & suum & statum regni , who shortly after met at london , convocatum parliamentum de toto clero & tota secta laicali , and so within the express prescription of the borough of s. albans . i am not ignorant that some have dated the origine of the commons being a part of the parliament , from the parliament of runningmead , 17 o reg. joh. it may therefore be worth our pains to observe this great record following , and to consider whether from thence may not be proved this conclusion : that 〈◊〉 great cities and boro 〈…〉 s of the ●ingdom ( not so 〈…〉 merous then as after and now ) in the 16 o of king john , before the granting of his magna charta , or 〈◊〉 confirming the antient laws in his 17 th year , at runningmead , did send their proxies and representatives , to the commune concilium regni , or parliament ; for it cannot be supposed in reason , that every individual citizen and burgess could come , no more than every parson of a parish to a convocation , or to a meeting of the whole clergy of england . the record saith , that the king being in partibus transmarinis , writes majori & baronibus london . majori & probis hominibus winton . northampt. lincoln . ebor. oxon. glouc. heref. exon. worcestr . cantebr . hunt. bristol . norwich . and all the great boroughs of the demesnes of the king , giving them account of his proceedings and successes in his war against the french , and that the pope had by his letters released the interdict , under which the kingdom then lay , which the king had then sent to peter bishop of winton , chief justice of england ; and therefore desired that they would believe what the bishop should speak to them , that consilium & auxilium vestrum ad honorem nostrum & vestrum & statum regni nostri in melius communicandum efficaciter super hoc apponatis , and that majori festinatione expediretur , teste apud rupellam 6 o die martii . in the same manner he writ to william earl marshal , and to all the earls , barons , & magnatibus angliae , &c. teste apud rupellam 8 o die martii . in order therefore to our proof of a parliament from these records , let us make two observations . 1. negative . 2. affirmative . though the writ be general , and mentions not any time or place for meeting or coming to parliament , or the great council ( the king referring that i suppose to his regent or chief justice here ) yet it cannot be intended that peter bishop of winchester , being then chief justice of england , should go from county to county , city to city , borough to borough , or as our church-wardens do , from house to house , rogare consilium & auxilium ( the proper business of a parliament ) to desire and entreat for their counsel and aid , for the honour of the king , their own , & statum regni , and the safety of the whole kingdom ; surely that had been an imployment fitter for the wandring jew , or johannes de temporibus ; and such counsel must needs have been of a very different and various nature , and both agreeing very ill with the words majori festinatione , and urgency of the contents of the writs . let us then enquire what were the effects and consequents of these writs , and that brings me to the second observation . king john began his reign 6 o aprilis , the writs bear date 6 o & 8 o martii , which was the close of an. 15 o. it may be the winds were very cross , or for some other reason the letters might not so speedily be brought over , or published here , or after the summons there might be above forty days before they met . but sure it is , in the beginning of july , ( after that march ) being the sixteenth year of his reign , we find : nicholaus tusculanensis episcopus & apostolicae sedis legatus per nuntios memoratos domini papae authenticum acceperat . rex anglorum erat in partibus transmarinis , sed quoniam idem rex in recessu suo ab anglia legato jam dicto & willielmo marescallo vices suas in hoc negotio commiserat , idem legatus in urbe londinensi apud sanctum paulum grande congregavit concilium , ubi congregatis archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , & aliis ad hoc negotium interdicti ( the very business of the writs ) spectantibus proposuit coram omnibus formam restitutionis . and the great selden the honour of the inner-temple , or rather as the learned grotius , honos britanniae , to drive the nail home , saith , but we know by what is already shewed , that divers former parliaments were in this kings time ( meaning before the granting of his magna charta , an. 17 joh. ) though the laws made in them be lost . and in the year before the charter also ( which was an. 16 joh. ) the author of eulogium sayes , that convocatum est parliamentum londoniis praesidente archiepiscopo cum toto clero & tota secta laicali , wherein per domini papae praeceptum illa obligatio quam rex domino papae fecerat cum fidelitate & homagio relaxatur omnino , vii ' die julii . having thus proved a parliament in the 16 th of king john , and that the citizens and burgesses had their summons to it , which is remarkable by a writ particular and distinct from that of the lords , viz. the earls , barons , & magnates angliae , i will conclude this argument with the statute of 5 r. 2. cap. 4. where it is enacted by the assent of the prelates , lords and commons , that all and singular persons and communalties , ( be he archbishop , abbot , prior , earl , baron , &c. ) which should have a summons to parliament , should come from thenceforth to the parliaments in the manner as they were bounden to do , and had been accustomed within the realm of england of old times ; and if they did absent themselves , and came not , he and they should be amerced , or otherwise punished according as of old times had been accustomed to be done : from hence i shall observe , 1. that there were summons to parliament of old times , as well to the commonalties , that is , the citizens and burgesses ; as to the archbishops , bishops , abbots , priors , earls and barons ; and so the statute may seem to affirm the prescription of s t albans , that saith , that they had sent duos comburgenses sicut caeteri burgenses regni did to every parliament totis retroactis temporibus before e. 1. and his progenitors . 2. that the phrase of old times is in point of prescription and antiquity applied equally , and without distinction or limitation , as well to the great lords , as commons ; but if the first had of old times , as our modern authors write , been the only constituent parts of the parliament , it might in reason and prudence be thought , they would not have consented to have admitted that summons to parliament ; for the commons was coeval with theirs ; nor would they have ratified and confirmed by a solemn act the protestation or declaration of right of the commons of england in the parliament , 2 h. 5. n. 10. that the commons had ever been a member of the parliament , and that no statute or law could be made without their assent . 3. that if the lords and commons absented themselves , and came not to parliament , they should be amerced , or otherwise punished as of old times had been accustomed to be done ; this branch plainly agrees , 1. with the modus tenendi parliamentum , written as m r selden saith tempore e. 3. that the first day the burgesses and citizens should be called , and if they did not come , they should be amerced ; and so m r prynn mistakes in his animadversions , when he saith , that no absent lord was fined before 31 h. 6. 2. it appears , ex vi terminorum , of old times it had been so accustomed to be done ; that this prescription may well be applyed to the parliament of 16 joh. and long before ; for the statute of magna charta , 17 of that king , saith , civitas london habeat omnes libertates suas antiquas ; by force and vertue of which word , antiquas , their old or ancient liberties and customs ( not only confirmed by the magna charta of william the first , but used even in the saxon times , and before ) were in parliament ratified and confirmed . the third argument . from the solemn and great judgment of both lords and commons in the parliament of 40 e. 3. against the pope , that if king john had an. 14. of his reign , which was three years before the granting of his magna charta , made the kingdom tributary to the pope , he had done it sanz lour assent , which must be understood to be without the consent of the lords and commons , and therefore void . king john an. 14. of his reign made himself and crown tributary to the pope . but anno 40 e. 3. the prelats , dukes , counts , barons , and commons ; upon their full deliberation in parliament , resolved with one accord , that neither the king , nor any other , could put the realm nor people thereof into such subjection , sanz assent de eux , without their assent , viz. as well of the commons , as of the lords : and that it appeared by many evidences , that if he had so done , it was done sanz lour assent , and contrary to the coronation oath . and if the pope attempted any thing against either ( having at the instance and sollicitation of the french king , threatned to interdict or out-law both ) king and kingdom ; they would oppose and resist him , ove tout lour puissance . the observations i shall make from this great judgment shall be two . 1. that above 300. years ago , there was not the least scruple or fancy , that the commons of england , of which the citizens and burgesses were then undoubtedly a part , ought not , and were not to be present in the commune concilium regni , or parliament of king johns reign , and to have assented to that kings resignation , an. 14. to make it legal and valid , as well as the prelates , earls , and barons . 2. if the commons had never been a part of the parliament before 49 h. 3. but that the king and great lords only made laws , and had an inherent power ( as some of our modern writers say ) to tax the whole kingdom , de alto & basso ad libitum suum jure repraesentationis ; surely they would not have left recorded to posterity so great a testimonial of the antiquity and right of the commons of england ( then so distinguished from the great lords ) as is expressed in the roll : may it not then be admitted they spoke nothing but what was an undisputable truth , in diebus illis , unless we must believe , that the great and learned authors of this age , better understand the constituent parts of the communia concilia , or parliaments of king johns time ( and so upward ) above 460. years since , than the whole parliament of 40 e. 3. the parliaments of their grand-fathers time , as was the reign of king john. and indeed this famous resolution was no other than a declaration of the antient common law of the land before the norman duke gained the imperial crown of england , as appears by king harolds answer to his ambassadors , requiring the performance of the kings oath to take the dukes daughter to wife , and to preserve the crown for him . de regno addebat praesumptuosum fuisse , quod absque generali senatus & populi conventu & edicto alienam illi haereditatem juraverit which is recorded by william of malmsbury , lib. 3. p. 56. l. 24. in vita williemi i. an author without all exception , who flourished in the time of h. 1. and therefore could not be ignorant where and in whom the legislative power of england did reside , there being but 33. years from the coming in of the norman duke till the reign of that king , and of this historian the learned balaeus gives this eulogium , vir erat suo seculo in omni genere bonarum literarum plene eruditissimus , & in eruendis antiquitatibus ingenio , diligentia & industria singularis angliae nostrae nationis studosissimus illustrator . upon the death of arthur duke of bretaign , the annals of england tell us , that king john was summoned by the french king , as duke of normandy to appear at his court , and judicially to answer the pretended murder of arthur his nephew ; whereupon the bishop of ely , and hubert de burgo , after earl of kent , and chief justice of england , nuntii solemnes & prudentes , were sent to the french king , to whom the bishop thus spake , domine rex non possit dux normanniae ad curiam vestram venire , nisi veniret rex angliae , cum una persona sint dux & rex . quod non permitteret aliquo modo baronagium angliae , etsi ipse rex hoc vellet . so careful was the baronage or parliament to preserve the antient rights , safety , and honour of the king and kingdom , an. 3 joh. before any difference happened between him and his subjects . anno 29 e. 1. the king sent ambassadors to the french king , ut quid de truga , de guerra , & de pace deliberasset , nunciaret , and was answered , se non posse sine duodecim paribus qui occupati fuerunt circa novam guerram tam ardua tractare , but that he expected their coming in fifteen daies . quo tempore transacto , ipsis consentientibus , they declare that they could not determine thereof , inconsultis secum scotis . whereupon those ambassadors returned . igitur convocato parliamento londoniis , recitatisque frustratoriis dilationibus & falsis machinationibus praedictorum , ambassadors were again sent , and received this answer : quod rex angliae adveniret personaliter , & inter duos reges de optima pace conveniretur : whereupon the king of england , aliud habuit parliamentum , in quo talia recitata displicuerunt , & ex totius regni concilio ( or parliament ) definitum est , regem pro aliquo mandato vel suggestionibus ab anglia egredi non debere . from what hath been said , the reader may easily observe , 1. that the weighty and great affairs which concerned the king and kingdom , both in the saxons time , and after , were by a fundamental principle and law of the nation to be consulted of , and resolved in the communia concilia , or parliaments , and that no particular person or order of men did take upon them such power , sine consensu regni : and this h. 3. and his council well knew , when he told otto the popes nuntio , quod solus non potuit definire , nec debuit negotium , quod omnes cleri●os & lai●os generaliter totius regni tangebat , which e. 1. and his council in the 23 th year of his reign thus confirms , quod omnes tangit , ab omnibus approbetur . 2. that the generalis senatus , & populi conventus , & edictum , or saxon wittena gemott , the baronagium angliae , in king johns time , and the concilium regni , or parliamentum , in the reign of e. 1. were verba synonyma , differing in phrase , but one and the same assembly in substance . the fourth argument . from several records , inter alia de annis 28 , 32 , 3● , 42 , & 48 h. 3. mentioning parliaments then held , and their proceedings , in some of w 〈…〉 the word commons are expresly mentioned , as well as the prelates & magnates , to be part of those parliaments . the general council at runningmead , held 17 j●● . is 29. years after , and 20. years before 49 h. 3. called parliamentum de runemed . memorandum quod in parliamento a die pasch. in tres septimanas anno regni regis h. 3. 28. london celebrato negotium crucis in anglia una cum collectione decimae benefi●●●rum ecclesias●●corum domino regi in subsidium terrae sanctae à sede apostolica deputat . was treated of . an utlary against william de hastingcott , was reversed , and he restored to all he had lost thereby , and this done coram rege & toto parliamento . inter communia hilar. 17 e. 3. penes rememoratorem domini regis in scaccario , it appears in a plea between the king and the prior of coventry , that 29 & 32 h. 3. quaedam subsidia per magnates & communitatem regni spontanea & mera voluntate regi concessa ( or as bracton phraseth it , ex consensu communi totius regui , being one and the same with magnates & communitas , ) towards the marrying of the kings eldest daughter , and also the kings sister to frederick the emperour , which was done in parliament ; for the close roll of that year tells us of a parliament , consideratum fuit in curia nostra & toto parliamento nostro , &c. in a parliament 37 h. 3. ( for so mat. westm. calls it , pag. 352. ) rex , magnates & communitas populi protestantur publice , that they would never consent to any thing in the grand and terrible excommunication then to be pronounced by the clergy against the infringers of magna charta , contra consuetudines regni antiquas & usitatas , in cujus rei testimonium & imposterum veritatis testimonium , as well the king as the earls of norff. heref. fssex ad warwick , as peter de sabaudia , at the instance and desire aliorum magnatum & populi praesentium scripto sigilla sua apposuerunt . rex &c. cum nuper in parliamento nostro oxon. communiter fuit ordinatum quod omnes excessus & injuriae factae in regno nostro inquirentur per quatuor milites singulorum comitatuum , ut cognita inde veritate facilius corrigantur , &c. i have an abridgment or abstract of the rolls of this parliament , writ by the hand of mr. elsing , late clark of the parliament , who saith , my lord coke had it ; and some of the proceedings therein mentioned , i have found in the exchequer enrolled at that time . the articles of peace à domino rege & domino edwardo , praelatis & proceribus omnibus & communitate tota regni angliae communiter & concorditer approbata , were sealed by the bishop of lincoln , the bishop of ely , earl of norff. earl of oxon , humphry bohun , will. de monte canisio & major london in parliamento london mense junii , anno domini 1264. de consensu , voluntate & praecepto domini regis , nec non praelatorum , baronum ac etiam communitatis tunc ibidem praesentium . and not only so , but that record tells us , quod quaedam ordinatio facta in parliamento london habito circa festum nativitatis sancti johannis baptistae proxime praeteritum pro pace regni conservanda . and we read in another record , rex &c. cum super praeteritis guerrarum discriminibus in regno angliae subortis , quaedam ordinatio seu forma pacis de nostro praelatorum , baronum & totius communitatis regni praedicti unanimi voluntate & assensu provida deliberatione inita fuerit , &c. ●n cujus rei testimonium huic scripto nos rex angliae , comes leyc . & glouc. jo. filuis johannis , johannes de burgo sen. will. de monte canisio , henr. de hastings , & gilbertus de gaunt , pro nobis & caeteris baronibus & communitate regni angliae sigilla nostra apposuimus . dat. apud cantuar. die jovis proximè post festum nativitatis beatae virginis , anno 1264. and therefore those that hold that there were no commons , or citizens and burgesses in parliament before 49 hen. 3. would do well to define and ascertain , who the communitas were after the words praelati , barones & magnates , in the before-expressed records . the fifth argument . from an act of parliament , an. 2 h. 5. that famous prince , where it is declared and admitted , that the commons of the land were ever a part of the parliament , and so consequently were part of the parliament annis 16 , 17 joh. 28 , 32 , 37 , 42 , 48 h. 3. all within the prescription of the borough of s. albans . the commons of england , upon their claim or protestastation , had , as their undoubted and unquestionable right , and inherent priviledge , allowed and admitted in parliament , that they had ever been a member of parliament : then were they a member of that 16 joh. before-mentioned , of 17 joh. 28 , 32 , 37 , 42 , & 48 h. 3. and that no statute or law could be made without their assent . the record says , that so as hit hath ever be their liberte and freedome , that thar should no statute , ne law , be made of lass then they yaffe therto their assent , considering that the commune of your lond , the which that is and ever hath be a membre of your parliament , ben as well assentirs as petitioners . yet was the affirmation of the commons no other than a renovation or memorial of the ancient law of the land , as is proved before , and more fully explained and confirmed by the petition to the king and his learned council , and answer thereto in the parliament of 8 e. 2. the record is not unworthy of a serious perusal . erchevesque evesque prelatz , counts , barons , & autre gentz de la comunyalte dengleterre que tiegnent lour manoirs en chief de nostre seigneur , as well within the forest as without , to which mannors they had gasz ( wast ) appendant , dont les seignourages avantditz arentunt , by the acre , half acre , & per rode en approvaunt lour manoirs . whereupon the ministers of the king made seisure thereof , pur ceo qu' eux ne unt la licence le roy d'entrer . therefore they pray , that they may approver leur manoirs & le povre pueple eyser , &c. responsum in dorso , il ne put estre fait sanz novele ley la quele chose fere la comunalte de la terre ne vult my uncore assentir , infra , coram rege . from hence i make these observations . 1. it proves that the law could not be altered without consent of the commons of england , though in a case particular to the king , as this was , for the petition was coram rege ; nor could the king and commons , without the lords . for e. 3. per avys des prelatz & grauntz de la terre fist respondre as les petitions des communes touchantes la leye de la terre , que les leyes eues & useez en temps passez , ne le processe dycelle useez cea en arere , ne se purrent changer sanz ent faire novel estatute , which as then they could not attend , but shortly would . 2. that they ought to agree to all new laws , and that no statute could be made without their assent . it is then remarkable , 1. that the commons of england , as now we stile them , gave their suffrage and vote in the enacting and making of all statutes and laws in the time of the progenitors of h. 3. which taken extensivè , is a very large prescription of right , for that king by the statute of assisa panis & cervisiae , made after 49. when it is pretended the commons began , viz. an. 51. tells us , that at his parliament held the first year of his reign , he had granted that all good statutes and ordinances , made in the time of his progenitors , and not revoked , should still be held . 2. but admitting the word progenitors be restrained to two , which i conceive was never intended by the law-makers , yet it cannot be denyed but that the statute of magna charta , for so it is called 5 h. 3. fitz-herb . abrid . tit . mordaunc . n. 53. and by fleta , lib. 1. cap. 28. and all other statutes made at least , temporibus johannis & ricardi i. father and uncle of henry the third , had the assent of the commons in parliament , to make them laws . now the word progenitors in the statute , must i conceive go higher than ric. 1. for bracton a learned judge , who flourished in the time of henry the third , and so by a reasonable computation of time , may be supposed to have lived in the latter end of the reign of ric. 1. or beginning of king john's , after he had declared to posterity that he had bent his mind , ad vetera judicia perscrutanda diligenter non sine vigiliis & labore , and whatsoever he found notatu dignum , he reduced in unam summam perpetuae memoriae commendanda , concludes this point thus . cum legis vigorem habeat quicquid de consilio & de consensu magnatum & reipublicae communi sponsione authoritate regis sive principis praecedente justè fuerit definitum & approbatum . and so just and excellent was the ballance of the constitution of our legal government , in preventing any order or rank of the subjects , to impose upon or bind the rest without their common consent , and in conserving as it were an universal liberty and property to every individual degree of men , from being taken from them without their assent , as the county palatine of chester , ab antiquo were not subject to such laws to which they did not consent ; for as well before the conquest of england , as after , they had their commune concilium , or court of parliament , by authority of which the barones , milites & quamplures alii ( rot. 44 h. 3. m. 1. dorso ) barones liberi homines & omnes alii fideles ( rot. pat. 3. e. 1. m. 6. ) or as the supplication to h. 6. saith , the abbots , priors , clergy , barons , knights , esquires , and commonalty , did with the consent of the earl make or admit laws within the same , such as should be thought expedient and behoveful for the weal of the inheritors and inheritance of the said county , and no inheritors or possessors within the said county were chargeable or liable , or were bounden , charged , or hurt of their bodies , liberties , franchises , lands , goods , or possessions , unless the said county ( or parliament ) had agreed unto it . and i dare under submission affirm , that neither this county palatine , nor durham , were ever subjugated to have their estates given away , at the good will and pleasure of the earl or bishop , under any notion or fancy in those days of being their representatives in the commune concilium regni , or that being dependant tenants , their consents were included in their lords assent : and if the commune concilium cestrense , or parliament , was deduced from records , it would be of greater use to shew us as in a mirror the government of england in antient days , than what i have yet seen published by any author . 3. that the answer of the king to the petition penned and made by all the judges of the land , his council in parliament cannot be supposed to be grounded upon a modern usage of 59. years from the time of 49 h. 3. till then , if the tenants in capite jure repraesentationis , made the parliament as some hold , but was a declaration of the ancient custom and right of the nation . 4. that it was not in the power of all the tenants in capite of england , or the greatest part , who were the petitioners , though with the kings consent , to bind and oblige others , or to make or alter a law , sine assensu communitatis regni , who had votum consultivum , and decisivum , an act of authority and jurisdiction , as well in assenting to spiritual laws as temporal , as may appear for an in●tance , in their declaration or protestation to e. 3. in parliament . que nul estatut ne ordenance soit fait ne grante au petition du clergie si ne soit per assent de voz communes , ne que vous dites communes ne soient obligez per nulles constitutions q'ils font pur lour avantage sanz assent de voz dites communes : car eux ne veullent estre obligez nul de voz estatuz ne ordinances faitz sanz lour assent . fortescue cap. 8. pag. 40. tells us , sed non sic angliae statuta oriri possunt dum nedum principis voluntate sed & totius regni assensu ipsa conduntur . et si statuta licet tanta solennitate & prudentia edita , efficaciae tantae quantae conditorum cupiebat intentio , non esse contingant ; concito reformari ipsa possunt & non sine communitatis & procerum regni illius assensu quali ipsa primitus emanarunt . and that this was the antient law and right of the kingdom , appears by the answer of e. 1. an o 22. of his reign to the petition of the whole clergy of england ; for the clergy having given the king medietatem omnium bonorum tam temporalium quam spiritualium , complaining that the immunity of the church laesa fuit & violata , petiit à rege quosdam articulos ( rege jubente ) jussit enim rex postquam votis ipsius paruerant ( in giving the subsidy ) ut ipsi ab eo peterent remedia quae vellent . et petierunt imprimis ut statutum de manu mortua , quod in praejudicium sanctae matris ecclesiae fuit editum , deleretur cui quidem articulo respondit rex , quod idem statutum de consilio magnatum suorum ( so phrased by the historian ) fuerat editum & ordinatum , & absque eorum consilio non erat revocandum : but a more certain authority tells us , that the statute was made , per commune concilium regni , or parliament , as appears by rot. claus. 7 e. 1. m. 5. dorso . rot. pat. 10 e. 1. m. 13. and then the commons were unquestionably an essential part , and joined in the making the statute . the sixth argument . from the form of penning of 〈◊〉 of parliament , and expressions in records in 49 , 51 , 54 h. 3. where it is pretended the comm●ns first began to be a part of the legislative power , which agree with the phrases of records of acts of parliament before that time . the king writes to the bishop of london , and to the rest of the bishops of the province of canterbury , that his heart was wounded 〈…〉 to dolore , that the earl of gloucester , and other rebels , had by crafty perswasions circumvented , pro 〈…〉 r ! prince edward , & ad partem suam proditori● a●●axe●unt proprii contemptu sacramen● , contra formam de nostro & ejusdem silii nostri , praelatorum , magnatum & communitatis regni nostri unanimi assensu & voluntate nuper london . provisam . the king per le conseil & l'assentement le rei de alemain & de countes , & de baruns , & del commun de la terre , pardoned and released the earl of gloucester , and all his company , &c. and the king per le conseil & passentement le rei de alemain , & les cuntes , & de barons , & le commun de la terre , pardoned and released the londoners , totes maneres de ire & de rancour & de male volente , &c. the king and prince having undertaken the crusado , for the holy land , quia tamen praelatis , magnatibus & communitati regni non videtur expediens neque tutum , that they should be both out of the kingdom , istis temporibus , it was agreed the prince should go , and a subsidy was granted to the prince by the parliament . if one should shew the authors of the novel opinion , only these records , and thereupon ask them who the communitas , mentioned in these records , after the words praelati , barones , & magnates were , i doubt not but they would say , knights , citizens , and burgesses , because they are after the pretended inception of 49 h. 3. but then i desire to know what authority they can shew , why the communitas in 29 , 32 , 37 , & 48 h. 3. should not be a part of the parliament as much as of 49 , 51 , 54. of that king , since the words or phrases of both are alike in the records . for i do not think it a true way of reasoning , that because the notion of 49 h. 3. is generally published by our now historians , and so believed : ergo , it unquestionably was so , and has always and in all ages been distinctly known and believed . the seventh argument . from the defect and loss of parliament rolls of h. 3. and e. 1. and from the universal silence of all records , and our antient historians contemporary and succeeding 49 h. 3. till our days . it is true indeed for any thing yet appears , the parliament rolls of h. 3. are all lost or destroyed , though references are made to them by several clause and patent rolls of h. 1. and h. 2. yet no direct writ of summons ad parliamentum , is extant of that time , either of the lords or commons ( so m r pryn ) till the dorse of the clause roll 49 h. 3. in a schedule affixed thereto , where there are writs for electing and sending to a parliament at london , two knights , citizens , and burgesses , and barons for the cinque-ports , and likewise summons to the great lords . but if that roll of 49 h. 3. and rot. claus. 22 e. 1. had been destroyed as many others of that time were , then had there been no footsteps or testimony left us on record , yet discovered , of any formal summons to parliament , of them or the prelats and temporal great lords , till 23 e. 1. though several parliaments were in the interim , no less than twelve as the printed statute books tell us . and the commons expresly said to be present at some , and implyed in all , if the phrase of commune concilium regni implies so much , which 〈◊〉 think is unquestionable when compared with the statute of westm. 1. made 3 e. 1. which was not eleven years after 49 h. 3. wherein the constituent parts of the commune concilium regni , are enumerated and expressed , the statute being made per l'assentements des archievesques , evesques , abbes , priors , countes , barons & tout le comminalty de la terre illonques summones . now because from that one record of 49 h. 3. ( being the only roll as yet found out ) it should be wonderfully observed , and from thence infallibly concluded and nicked , and by an ominous and influential asterism of rebellion and treason marked , that the very first writs ( whereby the great lords are said to be also first summoned ) to send two knights , citizens , and burgesses for each county , city , and borough , 〈◊〉 parliamentum , in octabis san●ti hillarii , were made in this very year , at that very crisis of time , nay tested on such very days , when the rebellious barons ( after the battel of lewes ) had the king and prince in their power , and exercised regal authority in his name , under good favour seems not at all satisfactory and convincing to me , until they give more certain and greater testimonials and evidence , and answer these few records . if the epocha of the knights , citizens , and burgesses , or commons ( as now called and distinguished from the great lords ) being first admitted a part of the parliament and legislative power , had such a creation and origine , it is more than a wonder , though the parliament rolls be destroyed , that the lieger books , charters , or historians of that time , either national or foreign , of which there are not a few , or our antient lawyers , bracton , britton , fleta , and hengham , had not amongst many narratives of far less moment and weight , given posterity a remark , or some short hint or memorial of so suddain , so great , and so universal a change or catastrophe of the whole constitution and ancient frame of the english government , as that must unquestionably be admitted to be , or some subsequent chronologer had not so much as dreamed of it till of late , or that branch in the ancient coronation oath of our kings , demanded by the archbishop , had not been omitted , or ne ver administred , which runs thus . concedis justas leges & consuetudines esse tenendas , & promittis per te esse protegendas , & ad honorem dei corroborandas quas vulgus elegerit secundum vires tuas . [ respondebit rex , concedo & promitto . ] the word elegerit , being admitted to be of the praeterperfect tense , it certainly shews , that the peoples election had been the foundation and ground of antient laws and customs ; and the term of justas leges , seems to allow a liberty of debate , reason , and argument , so much as might be of efficacy and force , to demonstrate and convince , that the laws so required by the commons of the king , were just and reasonable ; the debate and consideration of which certainly was never , nor ever could be intended to be done in the diffusive capacity of all the commons of england , separatim , but in an intire , or in an aggregat body , that is , in their communia concilia , or parliaments . and with this agrees the statute of provisors , an. 25 e. 3. which saith , whereupon the said commons have prayed our soveraign lord the king , that upon the mischiefs and damages which happen to his realm , he ought and is bound by his oath , with the accord of his people in his parliament , thereof to make remedy and law , and removing the mischiefs and damage which thereof ensue . ( and this they say ) sith the right of the crown of england , and the law of the realm was such . nor indeed can i apprehend any colourable pretence , much less a probable reason , that if the barons had 49 h. 3. usurped the soveraign power into their hands , they should 1. so easily and speedily divide and share it with the commons , constitute a new court of parliament , and make them essential and coordinate with themselves in the legislative power : sure we know it is natural for all courts , ampliare & non diminuere jurisdictionem . 2. that at that parliament the numerous barons ( as they stile them ) should but summon 23. of their own order , when the archbishops , bishops , abbots , priors and deans , made 120 , if we must be concluded by the records . if there were then two houses of parliament , and that the knights , citizens , and burgesses , did not sit with the lords , the prelates having so great advantage of the temporal lords in their votes , were very unkind to the crown they made not use of their over-ballance for the delivery of the king and prince , then said to be in custody . 3. nor have i yet met with any reasons given , why when the government of the whole kingdom was at this parliament of 49 h. 3. to be setled after so long and bloody a war , the barons being then so victorious and numerous , as our modern authors say , they would by their absence hazard and endanger the loss of all by entrusting the prelates and commons with the over-ballance . many remarkable observations might be raised upon this record , both as to the lords and commons , but i will now pass to my eight argument , concluding this with m r pry●●s opinion , how the parliament rolls before e. 3. came to be lost or destroyed . i will use his own words . that there are no records at all in the tower ( except some few antient charters or exemplifications of them ) antienter than the first year of king john , all the rest from william the first his reign till then ( except some few in the exchequer not relating to parliaments ) being utterly lost , the first parliament rolls yet remaining are these , 5 , 8 , 9 , and 19 th of king e. 2. the statute roll of h. 3. e. 1. e. 2. containing some statutes made in their reigns , a parchment book of some pleas in parliament during the reigns of king e. 1. and 2. and a few bundles of petitions in the parliaments of 6 e. 1. and 1 , 2 , 3 , and 4 e. 3. none of which are here abridged ( viz. in the abridgment by him published ) only i find in the clause patent charter and fine rolls of king john , h. 3. e. 1 , and 2. some writs of summons , and some memorials of acts , ordinances made , and aids , subsidies , dismes , quindisms , customs granted in parliaments , held during their reigns , the rolls whereof are perished and quite lost , either through the negligence of the record keepers , or the injury , iniquity of the times during the civil wars between the king and barons , in the reigns of king john and h. 3. and betwixt the two houses of lancaster and york , for the title of the crown , wherein ( it is very probable ) the prevailing king's parties , by their instruments , imbezled , suppressed such parliamentary records and proceedings , as made most against their interests , power , prerogatives , titles ; or through the default of our kings great officers and attornies , who sending for the parliament rolls out of the tower , upon special occasions , never returned them again for reasons best known to themselves , by means whereof , those parliament rolls being no where to be found , their defects must be supplied only out of such fragments and memorials of them , as are extant in our other records and antient historians , especially in matthew paris , matthew westm. william of malmesbury , henry arch-deacon of huntingdon , roger de hoveden , simeon dunelmensis , the chronicle of brompton , radulphus de diceto , ranulphus cestrensis , and thomas of walsingham , who give us some accompts of their proceedings and transactions , which else had been utterly buried in oblivion , as well as their rolls wherein they were at large recorded , as is evident by the parliament rolls yet extant . the eighth argument . from the various opinions of the learned men in and since h. 8. who never dreamed of any such origine , nor was it ever heard of till of late . it would be tedious to set down the various and wandring opinions and reasons of our modern authors in english , touching the beginning of our parliaments , and constituent parts thereof , especially of the commons , as now called and comprehended in the knights , citizens , and burgesses in parliament : i will but instance in a few eminent authors , and leave the croud behind . the great antiquary , mr. lamberd holds , that they were before the time of william the first , and there are other learned men who give their assent to that as a great truth . mr. prynn saith , by all the ancient presidents before the conquest , it is most apparent , that all our pristine synods and councils were nought else but parliaments ; that our kings , nobles , senators , aldermen , wisemen , knights and commons , were usually present , and voting in them as members and judges . polydore virgil , hollinshead , speed and martin , are of opinion , that the commons were first summoned at a parliament at salisbury , an. 16 h. 1. sir walter raleigh in his treatise of the prerogative of parliaments , thinks it was anno 18 h. 1. my lord bacon in a letter to the duke of buckingham , asks , where were the commons before h. 1. gave them authority to meet in parliament ? dr. heylin finds another beginning , and saith , that h. 2. who was duke of anjou , was the first institutor of our high court of parliament , which ( being an anjovian ) he learned in france . but i cannot find that any of those ever supposed the commons were first introduced in parliament 49 h. 3. by rebellion . nor was this opinion entertained by any author i can meet with , anno 1529. 21 h. 8. for in an answer of that great and excellent person sir thomas more , lord chancellor of england , in his supplication of souls against the supplication of beggers , discoursing about king johns making ( in the 14 th year of his reign , and three years before his granting magna charta ) the realm tributary to the pope , declares his judgment without any doubt or hesitation , and therein as i take it the universal tradition and belief of all learned men of that and precedent times : that the clergy and all the lords and commons of the realm made the parliament in the age of king john , and that never could any king of england give away the realm to the pope , or make the land tributary without their grant ; whose book , and so his opinion we find approved of and published by a grave and learned judge of the kingdom , mr. justice rastall , and dedicated to queen mary her self , an. 1557. not much above a century ago . the ninth argument . from the comparison of the antient generale concilium , or parliament of ireland instanced an. 38 h. 3. with ours in england , wherein the citizens and burgesses were , which was eleven years before the pretended beginning of the commons here . as great a right and priviledge surely was and ought to be allowed to the english subjects as was to the irish before 49 h. 3. and if that be admitted , and that their commune concilium , or parliament , had its platform from ours , as i think will not be denied by any that have considered the histories and records touching that land , we shall find the two ensuing records , an. 38 h. 3. clearly evince , that the citizens and burgesses were then a part of their great council or parliament . that king being in partibus transmarinis , and the queen being left regent she sends writs in the kings name directed archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , militibus , liberis cominibus , civibus & burgensibus terrae s 〈…〉 hiberniae , telling them that mittimus fratrem nicholaum de sancto neoto , fratrem hospi●●i sancti johannis jerusalem in anglia ad parses hiberniae ad exponendum vobis ( together with i. fitz geffery the kings justice ) the state of his land of vascony endangered by the hostile invasion of the king of castile , qui nullo jure sed potentia sua consisus terram nostram vasconiae per ipsius fortitudinem à manibus nostris auferre & à dominio regni angliae segregare proponit . and therefore universitatem vestram quanta possumus affectione rogantes quatenus nos & jura nostra totaliter indefensa non deserentes nobis in tanto periculo quantumcunque poteritis de gente & pecunia subveniatis , which would turn to their everlasting honour , concluding his nostris angustiis taliter compatientes quod nos & baeredes nostri vobis & haeredibus vestris sumus non immerito obligati . teste regina & r. comite cornubiae apud windesor , 17 o die februarii , per reginam . the other writ somewhat varies , being a commission touching the chief justice fitz geffery , to be as an assistant or co-commissioner with father nicholas , to hold the parliament , to declare to them the state of gascony , & pericula nobis imminentia , & ad tractandum vobiscum super auxilio nobis faciendo , against the king of castile , desiring they would give faith to what the chief justice should say to them thereupon . rot. pat. 5 e. 1. m. 13. we read : rex archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , militibus , & omnibus aliis anglicis de terra hiberniae , &c. vobis mandamus quod ad certos dies quos ad hoc provideritis , videlicet citra festum nativitatis beatae mariae virginis , in aliquibus locis opportunis conveniatis , & diligentem tractatum inter vos habeatis , utrum fuerit praejudicio vestri & libertatum & consuetudinum vestrarum , that the meer irish should use and enjoy the same laws and customs in common as the english there , and to send their judgment and counsel , under the seal of the justice of ireland . and in the twentieth year of this king , magnates & probi homines terrae hiberniae quint amdecimam partem de bonis & catallis suis concesserunt gratiose to the king , which certainly was done in the generale concilium , or parliament , and that the general phrase ( probi homines ) did include and comprehend the citizens and burgesses to be part of that general council , for rot. claus. 7 h. 3. m. 7. dorso , the citizens of dublin are called probi homines nostri dublyn . from hence may be observed , 1. that by the patent rolls of 38 h. 3. the citizens and burgesses were summoned to meet at the great council or parliament , as well as the prelates , earls , barons , knights , and free-holders , and equally desired to give the king a subsidy of men and money . 2. that though in the writ of e. 1. the citizens and burgesses are not mentioned eo nomine , the phrases of directions in writs being in those ages very various , sometimes more general , and sometimes more particular ; yet the words omnibus aliis anglicis after baronibus & militibus , must comprehend the citizens and burgesses , who were to meet and diligently to treat with the archbishops , bishops , abbots , priors , earls , barons , and knights and freeholders , whether it would be in prejudice of their liberties and customs , if the meer irish should enjoy the same laws and customs as they of the english extraction did , and they were to join in giving their judgment and counsel with the rest of the parliament . and reason it self speaks it , since the admission of the meer irish into equal priviledges and rights with themselves in their cities and towns , would be of so great a consequence to them ; for upon the kings granting by charters to several irish families , the benefit of the english laws , great disputes arose , so that rot. claus. 10 e. 2. m. 28. intus , upon a petition to the king , he granted that semel in anno tene●tur parliamentum to redress their grievances touching the irish and english laws , and so the word parliamentum ascertains what those councils were in the patent rolls of 38 h. 3. and 5 e. 1. before-mentioned . and now i will close my arguments , declaring under the good favour of so eminently learned authors , that their resolves and opinions which they have published to the world , that the inception and original election of knights , citizens , and burgesses , or the admission of the commons of england ( as now phrased ) into parliament by rebellion and treason , anno 49 h. 3. are not at all satisfactory and convincing in my judgment , unless they give more certain and greater testimonials than yet i have met with , and answer these few records against their so severe position . a position , believe me , that like a tempestuous whirlwind , not only rends off and dismembers an essential branch , but shakes the very root of the right and honour of our english parliament , and equally wounds both lords and commons , because these learned authors themselves do agree , that there is not yet discovered any formal summons of the great lords ( no more than of the commons ) to any parliament before the said 49 h. 3. and here i must beg the favour of the reader of adding a supplemental argument , which at first i confess was not intended , and it is this . if in the general councils , or , in our present dialect , parliaments , for instance , 1. of france , 2. spain , 3. portugal , 4. denmark , 5. sweden , and 6. scotland , the cities and great towns or boroughs , have from time immemorable , both de jure and de facto , had their delegates or representatives : upon what authority or reason can it be believed , that so universal a northern custom or law , did not obtain and was never practised in england before 49 h. 3 ? 1. for france we find their conventus ordinum , or l'assemblie des estates , consisted de sacerdotio , nobilitate & plebe , of the clergy , nobility and commons , this is evident by the parliament roll 9 h. 5. which takes notice of the peace made between england and france , that the same was confirmed in france , per tres status regni , viz. praelatorum & cleri , necnon procerum & nobilium ac etiam civium , burgensium , civitatum , villarum & communitatum dicti regni francorum , ipsi tres status eandem pacem & omnia & singula contenta in eadem approbarunt , laudarunt , acceptarunt & auctorizarunt . it seems by this that the french kings were not so despotical and absolute by the fundamental laws of that kingdom , as their successors have by acts of power since made themselves . 2. in spain their curia or cortes del reyno , is compounded ( as dr. heylin cites out of the learned bodin ) of the clergy , the nobility , and the commissioners of the provinces and antient cities . 3. the portugal cortes or parliament consists of the bishops and prelats , the nobiles majores & minores , and two procurators or burgesses from every city , who have a deliberative voice , which they call definitive . 4. in denmark , pontanus saith , the bishops , the nobility , & civitatum delegati , the deputies or commissioners of towns and cities , made up their general council . 5. for sweden , it does not much differ from the government and form of denmark , their common council consisting of the same estates and degrees of people , that is to say , proceres & nobiles , the greater and the less nobility , episcopi & ecclesiastici , civitates & universitates , the cities , boroughs and villages . i might here if it were needful , shew how great a share and interest the hanze or free towns in germany have by their deputies in all ages had in the diet or general council of the empire . 6. but now at last we are come to scotland , sir john skene in his epistle dedicatory to king james , before his scottish laws , writes thus . intelligo tuas tuorumque majorum leges quae cum legibus regni tui angliae magna ex parte consentiunt ; and then in his book shews , that willielmus cognominatus leo , who as is said , begun to reign in 1105. and reigned 49. years , so as he was king of scotland 5 10 of our henry the first , held his assise or parliament at perth , where several laws were ordained , to the observance whereof , episcopi , abbates , comites , barones , thani & tota communitas regni tenere firmiter juraverunt . king alexander began to reign anno 1214. which was the sixteenth year of our king john , and reigned 35. years , so as he died an . 38 h. 3. he made his laws de consilio & assensu venerabilium patrum episcoporum , abbatum , baronum ac proborum hominum suorum scotiae . and what the communitas regni in king william's statutes , and the prob● homines in king alexanders , were , the league made between the french king and the crown of scotland , anno 28 e. 1. clearly shews , being ratified and confirmed in their parliament , per johannem de balliolo , then king , ac praelatos & nobiles & universitates & communitates civitatum & villarum dicti regni scotiae ; and the constant practice ever since hath been , that the cities and boroughs have sent their proxies or representatives to the parliaments of that kingdom . it may therefore seem very strange , that when the cities and boroughs in all the kingdoms of europe , de jure and de facto were ab antiquis temporibus , even in times coeval with the government , an essential part of their common councils or parliaments , that england should not be under the same constitution , being but descendants from gaul , or the more northern countries ; if so , 1. was it because in the britton , saxon and norman times , there were no cities or boroughs , or if there were , were they so poor and inconsiderable , as they deserved no observation in the eye of the state ? or , 2. was it because , by a strange and unheard of fate , peculiar and proper only to them , they were not fit or capable to give or hear reason , as well as the delegates or representatives of the cities and boroughs of france , spain , portugal , denmark , sweden and scotland ? or , 3. had they no property or right in their estates ? certainly , in my opinion , none of these objections can be admitted , allowed , or proved ; for in the brittons time , venerable bede tells us . erat britannia viginti & octo civitatibus quondam nobilissimis insignita praeter castella innumera , quae & ipsa muris , turribus , portis ac seris erant instructa firmissimis . nor were they of less reputation in the saxon or norman times , when they were thought so necessary and proper for the safety of the govern ment , preservation and defence of the laws , that it was ordained by william the first , and the common council of the kingdom ; that no market or fair should be permitted to be held , nisi in civitatibus regni nostri & in burgis ubi consuetudines regni & jus commune & dignitates coronae nostrae deperiri non possunt nec defraudari nec violari , sed omnia recte & in aperto & per judicium & justitiam fieri debent , &c. ad tuitionem gentium & populorum regni & ad defensionem regni . and if in the brittons times the nation was so strong in cities and castles , surely it cannot be imagined but that in the saxon and norman times , when the nation became to be more civilized and considerable in the world , the estates or degrees of the inhabitants would easily part with these liberties and priviledges , which their ancestors , though less knowing and powerful , did claim and enjoy . having thus concluded my arguments against the position of 49 h. 3. i have thought it not altogether impertinent , to add some brief observations for the better understanding of antient records , and historians in their various lections and different expressions . i shall therefore consider , 1. the different application of the words commune , communitas , or plebs . 2. the several denominations by which our antient general , or common council or parliaments , were expressed . 3. the various acceptation of the word baro , and that under the phrase of baronagium angliae , both lords and commons were comprehended . observation i. the different application of the words commune , communitas , or plebs . there lies a main objection against me , for some authors say , that the words commons , communitas , or plebs , is not to be met withal in any antient authors or records ; ab ingressu willielmi primi usque ad excessum h. 3. and therefore conclude , they were never a part of the commune concilium , or parliament , before 49 h. 3. because not mentioned eo nomine . admitting the objection true ( which i conceive otherwise ) yet it is no conclusive argument , for before the statute an. 3 r. 2. cap. 3. i cannot find the appellation of lords temporal , nor before the 13 th of that king cap. 2. the phrase lords spiritual and temporal in our printed statute books ; ergo , from thence it follows by a necessary consequence , according to their argument , that they were not any part of the generale concilium , or parliament , before those times , because not expressed by that name . i suppose this conclusion will not be admitted true . but as i am well satisfied , that the archbishops , bishops , abbots and priors , who were often expressed by , and comprehended in the word praelati , and who in after times constituted the lords spiritual , and the earls and barons , as now differenced , the lords temporal , were ab antiquo undoubtedly a part of the commune concilium regni , or parliament ; so it may be proved if insisted upon , that the milites and libere tenentes de regno or angliae , the knights and gentlemen , or freeholders of england ( licet nonnunquam diversis & variis appellationibus expressi & inclusi , in which those qui de rege tenuerunt in capite , or barones regii , or regis , to difference them from the barones regni , were comprehended ) were à crepusculo temporis , a constituent and essential part also , although by historians and records they are often mentioned by , and included in titles , which in late times import more honour , and are now of an higher acceptation , and had not the name of commons fixed , or generally stamped upon them as in after ages . sed haec obiter . 1. as to the word communes ( or communitas ) i have in my enquiries observed it to be used in six senses . 1. to comprehend the whole commune concilium regni , or parliament . a le commune dangleterre : here commune is taken for people , so as tout le commune is here taken for all the people , and this is proved by the sense of the words , for magna charta was not granted to the commons of the realm , but generally to all the subjects of the realm , viz. to those of the clergy , and to those of the nobility ; and to the commons also . and that [ commune ] in this place signifieth people , it is proved by the preamble , for there the great charter and the charter of the forest , are rehearsed to be granted by king h. 3. to his people , and here they are said to be granted [ a le commune ] and see before 25 e. 1. confirm . chart. cap. 1. & cap. 6. for this word commune and comminaltie : so as [ a le commune ] here signifieth not to the commons of the realm , but to the people of the whole realm ; and herewith agree our books , for that a common nusance which concerns le commune on le comminaltie , le suite serra done au roi , where [ commune ] and [ comminaltie ] include all the kings subjects . 2. to comprehend the communitas praelatorum & baronum . 3. to comprehend the generality of all that came to parliament , after the particular enumeration of the orders of the great lords , viz. archiepiscopi , episcopi , abbates , priores , comites , barones . the statute of westm. 1. made 3 e. 1. eleven years after 49 h. 3. saith , per l'assentements des archievesques , evesques , abbes , priors , counts , barons , & tout le comminalty de la terre illonques summones . the statute , de asportatis religiosorum , 35 e. 1. though made anno 34 o saith , that dominus rex post deliberationem plenariam , & tractatum cum comitibus , baronibus , & aliis nobilibus & communitatibus regni sui habitum in praemissis de consensu eorum unanimi & concordi , ordained , that it should be observed : but upon the producing the roll in the parliament 17 e. 3. it is said , that the petition for the statute was per countes , barones & communes du royalme , and so under the word communes , the alii nobiles are included . 4. the communitas comitatuum regni , or universality of the counties of the kingdom represented by the magnates , chivalers , or grandz of the counties ; of which appellations i shall give some few instances . inter communia brevia de termino sanctae trin. s. mich. an o 34 o e. 1. penes rememoratorem domini thes. in scaccario , the milites comitatuum and barones quinque portuum , are called magnates . rot. claus. 3 e. 2. m. 16. dorso . inhibitio ne qui magnates , viz. comes , baro , miles , seu aliqua alia notabilis persona transeat ad partes transmarinas . ex libro statutorum impress . lingua gallica penes meipsum , 15 e. 3. cap. 4. rastalls stat. pag. 85. item que les prelats , countz , barons , chivalers & autres grandes de chescun paiis . statutum de servientibus 25 e. 3. per assent de les ditz prelatz , countes , barones , & autres graundes de la dite communalte illonques assemblez . ms. penes meipsum . stat. 27 e. 3. statutum stapulae . grantz des counties . 5. applied to the communities or societies of the cities and boroughs . rot. de superioritate regis angliae in regno scotiae , anno 19 e. 1. omnes & singuli tam episcopi & alii ecclesiarum praelati , quam comites , barones , magnates , proceres civitatum & burgorum communitates . rot. parl. 17 e. 3. n. 8. chivaliers des countees & communes . rastall's stat. 27 e. 3. fol. 102. statute staple , whereas good deliberation had with the prelats , dukes , earls , barons , and grandes des countees de chescun countee un pur tout le countee , and of the commons of the cities and boroughs of our realm of england . 6. to the commune or generality of the body of the clergie in parliament . monstre la commune de la clergie , & per la ou diverses abbes , priores , esglises cathedrales & collegiates , & autres gentz de seinte esglise ount diverses rentz . observation ii. 2. the several denominations by which our antient general , or common council , or parliaments , were expressed . if any man will be at the expence of so great a charge and trouble , as to compare the various lections of historians and records together , and the manner and phrase of words and speeches , proper to particular ages and times , he may satisfie himself what those councils were , and their constituent parts , whom the antient historians mean , when they say , convocati , or congregati fuerunt nobiles angliae . omnes regni nobiles . nobilitas totius regni . tota nobilitas angliae . totius angliae nobilitas . magnates angliae . totius regni magnates . proceres regni . proceres & fideles regni . universitas totius angliae nobilium . universitas regni . barones angliae terrae or regni . universitas baronagii , or barnagii angliae . baronagium , or barnagium regni , or angliae . regni totalis universitas . pontifices & principes anglicani . primordes & magnates regni . principes regni , praesules & principes regni . optimates totius regni , or angliae . primates regni . majores regni , majores angliae . assisa regni . discretio totius regni . generale placitum . clerus & populus . communitas regni . generale concilium regni . concilium regni . and such like expressions and phrases , varying in several ages , till at last they fixed on the word parliamentum . to demonstrate all which will require a longer discourse than i here intend ; however , having before touched upon the parliaments of 17 johannis , and 37 h. 3. i will give instances how they have been named in records and histories . anno 17 o regis johannis . 1. archiepiscopus c 〈…〉 , episcopi , barones & magnates . 2. generale concitium . 3. barones & liberi homines totius regni . 4. barones & liberi homines dominii nostri . 5. magnates . 6. fuerunt autem quasi ex parte regis stephanus cantuariensis & h. dublinensis archiepiscopi , &c. illos quoque qui ex parte baronum affuerunt qui innumerabiles fuere , non est necesse numerare , cum tota angliae nobilitas in unum collecta quasi sub numero non cadebat . 7. barones . 8. parliamentum . 9. barones angliae . 10. baronagium angliae . 11. enprimes est accorde & assentu q' le franchise de seinte esglise & la grand chartre & la chartre de la forest & les autres statutes faitz per nostre dit seignour le roy & ses progenitors piers & la commune de sa terre . anno 37 o h. 3. 1. tota nobilitas angliae . 2. parliamentum . 3. archiepiscopi , episcopi , abbates , priores , comites , barones , milites , & alii magnates regni angliae . 4. magnates & communitas populi . 5. anno 1253. 37 h. 3. hoc anno h. rex angliae ad instantiam praelatorum , comitum & baronum cartas duas eis concessit , unam de libertatibus quae magna charta dicitur , & alia quae dicitur de foresta , pro qua concessione communitas angliae concessit regi quintam decimam partem omnium bonorum suorum mobilium per totam angliam . baronagium . in the parliament at oxford 42 h. 3. parliamento autem incipiente solidabatur magnum propositum & consilium immutabile exigendo constantissime ut dominus rex cartam libertatum angliae quam johannes rex pater suis anglis confecit & confectam concessit , quamque idem johannes tenere juravit , fideliter teneat & conservet , quamque idem rex henricus multoties concesserat & tenere juraverat , ejusque infractores ab omnibus angliae episcopis in praesentia sua & totius baronagii horribiliter fecit excommunicari & ipse unus fuerat excommunicantium . so as the excommunication here meant , being that of 37 h. 3. then made in the presence of the king , great men , and communitatis populi , is here said to be done in praesentia totius baronagii angliae . and for the honour of magna charta , i will conclude this head with an act of parliament . that valiant and great prince , e. 4. after the overthrow of his enemies , and peaceful possession of the crown , assisted with the judges of england , archbishops , bishops , abbots , priors , his dukes , earls , viscounts , and barons , with the great men or knights of the counties , and commons in full parliament , hath left this recorded to posterity . they call this great charter the laudable statute of magna charta , which statute was made for the great wealth of this land , upon which magna charta , the great sentence and apostolique curse , by a great number of bishops , was pronounced against the breakers of the same ; and the same sentence is four times in the year openly declared , according to the law of holy church ; and in affirmance of the said statute , of the said great charter , divers statutes have been made and ordained . and great reason certainly they had to put so high a value on that so famous charter , since the substantial part of the laws thereof were no less than the great results , decrees , and judgments , ordained by the prudence and justice of the brittish , saxon , and danish dynasties , founded upon two grand and principal bases or pillars , liberty and property , which like those two brasen ones called boaz and jachin , supporting the temple of solomon , upheld the tottering frame and fabrick of our antient government , though often by evil men designed to be overthrown . a charter , empta & redempta , purchased and redeemed with vast treasure of the nation , and the effusion of a sea of christian blood . a law published and established with fearful execrations , and terrible curses , against the infringers and breakers thereof , and all done with that religious solemnity , and profound ceremony , as it may seem inferior only to that of the commandments of almighty god given to the jewish nation . all great ministers of state and justice were at their entrance into their offices , solemnly to swear the observation thereof , and great reason there was for the making of this law , both for the preservation of the king , and also the kingdom ; for that parliament well knew the woful confusions in the reign of edward the second , who being seduced by his two minions the spencers , for want of observing the good old laws and customs of england , cut off the head of thomas earl of lancaster his uncle , that being the first act of shedding the sacred royal blood by colour of law i ever met withal in history ; they usurped royal power , they sent the queen and prince ( afterwards great edward the third ) beyond sea , and prevailed with e. 2. to declare the queen and prince traytors . they monopolized the kings eyes , ears , and his whole understanding , so that the king nothing did , or would do , but what they did counsel him , were it never so great wrong ; and if any had the courage to complain against them , or so much as fetch a loyal sigh , or lament the hard fate of the king then imposed upon by those favourites ; they were branded with arraigning the government , striking at the foundation of state , and being guilty of treason , and what not . the consequences of whose unhappy counsels and policies , are too well known in history to have been the ruine both of the king and themselves . the priests and confessors were strictly commanded to frame and direct the consciences of the people to the observation and obedience of the great charter , and they did so , not like the sibthorps and manwarings of later times , who by their flatteries of prerogative for their own promotion seek to ruine the subjects property . observation iii. the various acceptation of the word baro , and that under the phrase of baronagium angliae both lords and commons were comprehended . as to the word baro , it was not much more in use before william i. obtained the english diadem , that i can find , than the word communes , baro britanni pro suo non agnoscunt in anglo-saxonic is legibus nusquam comparet nec in alfrici glossario saxonico inter dignitatum vocabula habetur . for the english saxons called those in their own language ●al●epmen which in latine were named comites , and the danes earls , but of so extensive an import in its signification , as we read of aldermani regis , aldermani comitatus , civitatis , burgi , castelli , hundredi , sive wapentachii & novem decimorum , so according to the strict word they had whole regiments of earls . the greatest title of which , seldom , if at all , descended hereditarily till the confessors time , and after will. i. became king , the word ●al●epman began to change and vary its signification , and in room of aldermani regis , we find barones regis ; for aldermani comitatus , barones comitatus ; for aldermani civitatis , barones civitatis ; for aldermani burgorum , barones burgorum ; for aldermani castellorum , barones castellorum ; for aldermani hundredorum , barones hundredorum sive wapentachiorum . sir henry spelman saith , that simplices villarum maneriorum domini de quocunque tenentes qui sacham & socham habent , were antiently called barones . and all freeholders , hoc est tam in soccagio quam per servitium militare , had the title of barones ; and in his species of barones comitatus , saith , proceres nempe & maneriorum domini nec non libere quique tenentes , anglice freeholders , had that appellation . notandum autem est libere hos tenentes nec tam exiles olim fuisse nec tam vulgares ut hodie deprehenduntur . the great selden in his notes upon eadmerus upon the word barones , saith , vocabulum nempe alia notione usurpari quam vulgo , neque eos duntaxat ut hodie significare quibus peculiaris ordinum comitiis locus est . and the learned camden writes , verum baro ex illis nominibus videatur quae tempus paulatim meliora & mollior a reddidit ; nam longo post tempore non milites sed qui liberi erant domini & thani saxonibus dicebantur , barones vocari coeperunt , necdum magni honoris er at , paulo autem postea ( meaning after the normans coming ) eo honoris per venit ut nomine baronagii angliae omnes quodammodo regni ordines continerentur . the authority of these most learned antiquaries is such , that it would be a presumption in me to go about to add any thing , i shall only say , i have met with some records that clearly prove their opinion , and for illustration shall subjoin one record more , and so conclude this point . anno 29 h. 3. great complaint was made in parliament against the church of rome's exactions here in england , whereupon anno 29 h. 3. litterae missae cardinalibus romanae ecclesiae apud lugdunum à baronibus , militibus , & universis baronagii regni angliae per rogerum bigod , comitem norff. willielmum de cantelupo , johannem filium galfridi , radulphum filium nicholai , philippum basset , barones procuratores baronagii angliae , tunc temporis innocentio papa quarto celebrante concilium ibi generale . anno gratiae 1245. venerabilibus in christo fratribus universis & singulis dei gratia salutem . barones , milites , & universitas baronagii regni angliae , &c. electi sunt igitur ( writes mat. paris . ) ad hoc nomine totius universitatis regni angliae ad concilium lugdunense missi comes rogerus bigod , johannes filius galfridi , willielmus de cantelupo , philippus bassett , radulphus filius nicholai , milites , saith mat. westm. p. 321. l. 30. magister willielmus powic clericus . another letter was sent per magnates & universitatem regni angliae , super extortionibus curiae romanae , to the pope himself , who negotium posuit in suspenso . the ambassadors returning , and a second parliament being called at westm. the record goes on . articuli gravaminum & oppressionum quibus regnum angliae oppressum fuit temporibus henrici filii regis johannis per curiam romanam , quae scilicet ostensa fuerint cardinalibus romanae ecclesiae , & ....... innocentio papae quarto ore tenus per procuratores praedicti regni in generali concilio apud lugdunum , & quod gravamina dictus papa procuratoribus dederit in praemissis ad revocanda , quae scilicet gravamina non revocata postea barones , milites & universitas baronagii angliae conquerentes ostenderunt praedicto regi in concilio habito apud westm. in proxima quadragesima sequenti post praedictum concilium . whereupon by common advice it was agreed , to send ambassadors with second letters of their grievances to the pope at rome , directed thus . sanctissimo , &c. devoti silii sui comes cornubiae richardus , &c. & alii totius regni angliae barones proceres & magnates ac nobiles portuum maris habitatores , necnon & clerus & populus universus , salutem . matthew paris calls this a parlial●ament , convenientibus igitur ad parliamentum totius regni magnatibus , and mention is made of the first message in the close roll , 29 h. 3. rex abbati de sancto edmundo salutem . cum pro oppressionibus innumerabilibus factis in regno nostro per ecclesiam romanam ob quam magnates nostri ad sedem apostolicam appellarunt , & quosdam pro ipsis & pro universitate baronagii angliae ad concilium in brevi celebrandum ad appellationem suam prosequendam duxerunt destinandos . and indeed records and histories will furnish us with several precedents , where succeeding parliaments as well as these of h. 3. have sent letters to the pope when he attempted to invade the rights of the crown or kingdom . i will give two instances in the reigns of the two famous princes , edward the first , and edward the third . 1. edward the first , an. 29 of his reign , claimed scotland , as rex & superior dominus , the pope as a fiefe of the roman church ; the pope backed by the french king , summons edw. to appear before him in his court at rome , and sends his letters or bulls to the archbishop of canterbury to serve them ; the archbishop obeys , the king tells him , verum quia consuetudo est regni angliae quod in negotiis contingentibus statum ejusdem regni requiratur consilium omnium quos res tangit , and shortly after summons his parliament at lincoln , in octabis sancti hillarii , to advise with his parliament , how to defend the rights of the crown against the papal claim . the parliament thereupon send their letter to the pope , subscribed and sealed by several of the principal men of the parliament , as the usage of that age was , telling him , that sane convocato nuper per serenissimum dominum nostrum edwardum dei gratia regem angliae illustrem parliamento apud lincolniam generali ; the king had caused the popes letter , in medio , or pleno parliamento exhiberi ac seriose nobis fecit exponi , unde habito tractatu & deliberatione diligenti super contentis in litter is vestris memoratis , communis , concors & unanimus omnium nostrum & singulorum consensus fuit , est & erit inconcusse deo propitio in futurum , quod praefatus dominus noster rex super juribus regni scotiae aut aliis suis temporalibus nullatenus respondeat judicialiter coram vobis nec judicium subeat quoquo modo aut jura sua praedicta in dubium quaestionis deducat , nec ad praesentiam vestram procuratores aut nuncios ad hoc mittat , praecipue cum praemissa cederent manifeste in exhaereditationem juris coronae regni angliae & regiae dignitatis ac subversionem status ejusdem regni notoriam , necnon in praejudicium libertatis consuetudinum & legum paternarum ad quarum observationem & defensionem ex debito praestiti juramenti astringimur , & quae in manu tenebimus toto posse totisque viribus cum dei auxilio defendemus . nec etiam permitt 〈…〉 s nec aliqualit●● per 〈…〉 mus sicut non possumus nec debemus praemissa tam insolita , indebita , praejudicialia & alias inaudita praelibatum dominum nostrum regem etiam si vellet facere seu modo quolibet attemptare . quocirca sanctitati vestrae reverenter & humiliter supplicamus , quatenus eundem dominum nostrum regem qui inter alios principes orbis terrae catholicum se exhibet & romanae ecclesiae devotum , jura sua & libertates & consuetudines & leges praedictas absque diminutione & inquietudine pacifice possidere ac illibata persistere benignius permittatis . in cujus rei testimonium sigilla tam pro nobis quam pro tota communitate praedicti regni angliae praesentibus sunt appensa . datis & actis lincolniae , anno dom. 1301. 2. the second is , the letter to the pope , made at the parliament , 17 e. 3. touching provisions . quod rex & tota nobilitas regni pati noluit , &c. thus translated , whereby the phrase nobilitas regni , in the historian , will be explained . to the most holy father in god , lord clement , by the grace of god , of the holy church of rome , and of the universal church , chief and high bishop , his humble and devout children , the princes , dukes , earls , barons , knights , citizens and burgesses , and all the communaltie of the realm of england , assembled at a parliament holden at westm. the 15 th day of may last past , &c. in witness whereof we have hereunto set our seals . given in the full parliament at westm. on the eighteenth day of may , anno dom. 1343. and indeed the commons were so highly incensed , that the parliament roll of this year tells us , that la dite commune ne le poet ne le 〈…〉 t plus endurere those strange oppressions of the pope and provisors . so that the parliament of 24 h. 8. after great debate and consideration , and a diligent search and inspection of the antient records of the kingdom , did ground their statute amongst others , upon these great authorities ; the statute saith , whereas the king his most noble progenitors , and the nobility and commons of the said realm , at divers and sundry parliaments , as well in the time of king edw. 1. 〈◊〉 . 3. r. 2. h. 4. and other noble 〈◊〉 of this realm , made sund●● or 〈…〉 s , laws , statutes , and p 〈…〉 , for the entire and sure 〈…〉 tion of the prerogative , lib 〈…〉 , and preheminenc●● of th 〈…〉 〈◊〉 imperial crown of this realm , and of the jurisdiction spiritual and temporal of the same ; to keep it from the annoyance ; as well of the see of rome , as from the authority of other foreign potentates , attempting the diminution and violation thereof , as often and from time to time , as any such annoyance or attempt might be known or espied . pulton's stat. 24 h. 8. c. 12. but to conclude the point of the various lections , certainly the different and great variety of words and phrases , by which both the antient historians and records have in their several ages and times , expressed and denoted the communia concilia regni , or parliaments , as now called , and their constituent parts , being not well observed and considered by most of our late english authors ( who understood them as if they had signified what afterwards they did , and now do ) have imposed on our historical faiths , and propagated to posterity many palpable and gross errors , whereby great and unkind clashings and diversities of opinions , as well amongst learned men as others , have had their source and spring , nay , even between prince and people . the general conclusion . my only aim and endeavour in this discourse hath been from publick records , private manuscripts , and the best historians , to search out and discover truth , and to assert the just honour of our worthy and famous ancestors commoners of england ( as now phrased ) great maintainers of the interest and dignity of the king and kingdom ; and with submission to better judgment , i hope i have plainly proved , 1. that the freemen or commons of england were an essential and constituent part of the saxon wittena gemott , or parliament . 2. that they so continued in the times of w. 1. w. 2. and h. 1. which last being an englishman , by way of charter restored and confirmed the laws of edward the confessor , as his father william 1. as well by his magna charta , or great charter , as by his oaths had before done , both when he was crowned , and also at berkhamstead , in the seventh year of his reign . 3. and though the rolls of parliament , in the succeeding kings reigns till e. 2. be lost , or not found , so as we are at a loss as to the several orders of parliament , yet by what has been deduced from other records before cited , it is evident i conceive , that the citizens and burgesses were a part of the parliament , anno 16. of king john , and so had not their beginning by rebellion , anno 49 h. 3. and therefore i may with good reason and warranty conclude , that our ancestors , the commons of england , the knights , gentlemen , freeholders , citizens and burgesses of a great and mighty nation , were very far from being in former times such vassals and slaves , or so abject , poor and inconsiderable , as the absurd and malitious ignorance and falsities of late writers have been pleased to make and represent them , especially the author of the grand freeholders i●quest , and mr. james howel , as if they were only beasts of carriage and burden , ordained to be taxed and t●lli●●ed , and have their lives , estates , and liberties given away and disposed of without their own assents , under a novel opinion and conceit , that they were no part of the commune concilium regni , or parliament , before 49 h. 3. perlege quae regni clarissima conciliorum sunt monumenta , aliter nil praeter somnia cernis . appendix . after i had compleated the foregoing arguments , a material objection was by some of my friends offered me , which , if not cleared in this discourse , might , in their judgment , give a colour and pretence for a belief of an opinion , which is this : that the commons , or people of england , were from the time of the norman conquest represented by such as held of th● k 〈…〉 〈◊〉 capite , until 49 h. 3. and 〈◊〉 by two 〈◊〉 for each county , and certain burgesses for several burroughs , and barons for the cinque ports . having before laid down a clear and plain distinction between barones regis and barones regni , i shall therefore now distinguish upon the phrase milites & libere ●enen●es . 1. milites & libere ten●ntes qui de rege tenent in capite . 2. milites & libere tenentes de regno . the first distinction i thus prove , rot. pal. 2. johannis m. 9. rex dilec●is & fidelibus 〈…〉 s baronibus militibus & libere tenentibus qui de eo tenent in hi 〈…〉 rnia . rot. claus. 19 h. 3. m. 7. 8. dorso . re● 〈◊〉 〈◊〉 sciatis quod ar 〈…〉 〈◊〉 a●ba●es , priores , c 〈…〉 〈◊〉 , 〈◊〉 om●●s alii de regno , qui de nobi●●●nent in capite spontanea 〈◊〉 〈◊〉 , & 〈◊〉 consuetudine con 〈…〉 〈◊〉 〈◊〉 〈…〉 lium ad magna ne●●tia 〈◊〉 e●pedienda . rot. claus. 26 h 3. m. 7. dorso . rex 〈…〉 omili norhamptoniae praecipimus t●●i 〈◊〉 alias praecipimus qu●d 〈◊〉 facias archiepi 〈…〉 pos , episcopus , comites , barones , abbates , priores , milites , & liberos homines qui de nobis ●●nent in capite , &c. eodem modo seribi 〈…〉 omnibus vi●ecomitibus comitatuum angl 〈…〉 . as to the second distinction , the ancient chronicles of the kingdom say , that both before and after the conq 〈…〉 ( as we phrase it ) the kings of england held their court three times in every year , at easter , whi●son●ide , and christmas , and then the crown was attended with most of those qui de rege 〈◊〉 in capite , this was called ●●ria regis ; if any difference of right did arise between the king and his tenants , o● between tenant and tenant , here it was heard and determined , and many things were there acted and done in relation to the kings 〈◊〉 or tenants , but under favour this was not the commune concilium , regni or parliam 〈…〉 as we now call it , for the king held this court ex more of 〈◊〉 , as simon d●netmensis — and 〈◊〉 〈…〉 igorniensis write in vita 〈◊〉 primi . but when they , and contemporary historians , take no●ice of the meeting of the commune concilium , regni or parliament , then their expressions 〈◊〉 and say , that rex as●ivit orderieus vitalis , pag. 680. exprecepto regis convenerunt . eadmerus rex sanctione sua adunavit , flor. wigorn. continuat , and many such like expressions , which shew it was not held ex more of custom , yet true it is , kings did often convene or summon the common council of the kingdom at one of the said feasts , being a great conveniency to the tenants in capite . but they summoned the general council also at other times , according to the emergency of affairs , examples of which are obvious in the ancient historians . now to shew that the milites tenentes qui de rege tenuerunt in capite , ( together with the other great lords that held of the king ) were not the partes constitu●ntes , and alone did compose and make up the 〈◊〉 , the whole body of the general● , or commune concilium , regni or parliament . i will begin with a statute or act of parliament made tempore richard the first , who reigned before king john , father to h. 3. and 74 years before 49 h. 3. the assize or statute being made per assensum & consilium archiepiscoporum , & episcoporum , & abbatum comitum , & baronum , militum & libere tenentium totius regni . king john being divorced , the new queen was crowned de communi assensu & concordi voluntate archiepiscoporum , episcoporum , comitum , baronum , cleri , & populi totius regni . the king anno 6. summons a parliament tractatur : nobiscum de magnis & arguis negotiis nostris & communi regni utilitate . quia super his , qua a rege franciae per nuncios nostros & suus nobis mandata sunt ; and that expedit habere consilium magnatum terr● therein . the king per commune concilium regni then made an assize of money . and at the same parliament provisum fuit communi assensu archiepiscoporum , episcoporum , comitum , baronum , & omnium fidelium nostrorum angliae , that nine knights through all england should find a tenth bene para●um cum equis & armis for the defence of the kingdom , and that those nine knights should find the tenth knight every day two shillings ad liberationem suam . certainly the words fideles angli● cannot be understood to be restrained to the tenants in capite only . the archbishops , bishops , abbots , priors , & m●gnates regni gave an auxilium ad desensionem regni & re●uperationem ●●rrar●m nostrarum against the french king , and who the 〈◊〉 then were , the patent roll 〈◊〉 〈◊〉 . 1. shews where i● is contained , 〈◊〉 , &c. 〈◊〉 〈◊〉 , ba●on●s , milit●s , & alii 〈◊〉 regno retire 〈◊〉 ●●dium 〈◊〉 , 〈◊〉 〈◊〉 ali●s 〈◊〉 & prog●●itoribus ●ostris 〈◊〉 anglis liber●●iter 〈◊〉 〈◊〉 de omnibus ●●nis 〈◊〉 〈◊〉 hence i ●hall observe● . that the subsidy in 〈◊〉 . 1. time was granted in parlia●●nt , and so this of ●ing john's . 2. the words pre●●ri●●ribus no●●ris r●gibus 〈◊〉 must unquestion●bly compreh●nd king j●hn , grandfather to edw●●d the 〈◊〉 , and by a reasonable constructio● m●y ●e 〈…〉 nded higher . and at the 〈…〉 me parliament , 8 & 〈◊〉 〈◊〉 〈◊〉 universitas comi●um baranum 〈◊〉 〈◊〉 aliorum fidelium complain against the clergy about reme 〈…〉 wh●r●●pon the king granted his pr 〈…〉 or su●●rsed●● to the clergy tha● th●y s●ould do nothing therein , 〈◊〉 〈◊〉 univers 〈…〉 ( before mentioned ) super hoc colloquium habemus . anno 17 johannis , the agreement and peace at runningme●d was made between king john of the one part , and robert fitz walter , marshal of god and holy church , several 〈…〉 rls there named , & alios comites , & barones , & liberos homines totius regni ex 〈◊〉 parte , or as the patent rolis 17 johannis m. 17. dorso . generale concilium , and rot. claus. 28 h. 3. m. 12. dorso . parliamentum de runemed , i have seen it several ways spell'd or writ , runemeid , rendmed , redmede , which may seem to be a word of sa●on extraction , for mr. somner tells us , that 〈◊〉 is c●nsulere , and so justifies mat. 〈◊〉 . pag. 273. in his etymology , when he sa●s , rennemed quod interpretatum pra●um concilii eo quod antiquis temporibus 〈◊〉 de pace regni saepius con●ilia tra●●abantur . anno 2 h. 3. magna charta was in parliament granted and confirm●d , an ancient transcript of which , writ in the time of e. 1. i have , and conceive that those who then gave a subsidy of a fifteenth to the crown were the parts that compounded and made the communc concilium , regni or parliament , and who they were let the charter speak . pro●ac autem donatione , & concessione libertatum istarum & aliarum contentarum in charta nostra de libertatibus forestae , archiepiscopi , episcopi , abbates , priores , comites , barones , milites libere tenentes , & omnes de regno nostro dederunt nobis quintam decimam partem omnium bonorum suorum mobilium . testibus praenominatis & multis aliis dat. per manus venerabilis patris domini dun●●lmensis , episcopi , cancellarii nostri apud sa 〈…〉 um paulum london sexto die novembris , anno regni nostri secundo . which is confirmed by the close roll of this year thus : rex vic. ebor , &c. salutem mittimus libi chartas de libertatibus concessis omnibus de regno nostro , tam de foresta , quam aliis mandantes quatenus eas legi facias public● in pluro comitatu tuo convocatis baronibus militibus , & om nibus libere tenentibus ejusdem comitatus , qui ibidem jurent fidelitatem vestram , & in diligenter attendens singula puncta chartarum ea per omnia facias jurar● observari , &c. da● . 22. die februarii . anno dom. 1225. 9 h. 3. that king summoned a general or common council of the kingdom at 〈◊〉 presentibus clero & populo cum magnatibus regionis solemnitate igitur ut 〈◊〉 completa hubertus de burgo domini regis justiciarius exparte ejusdem regis pr●pojuit coram archiepiscopis , 〈◊〉 comitibus baronibus , & aliis universis , 〈◊〉 & injurias , qu● regi illata f●●rani in p●rtibus us trans 〈…〉 is . whereby the king and many ea●ls and barons were di●●nherited & cum multi sunt in causa multorum subventio erit necessaria petit ergo ab omnibus consilium pariter & auxilium quibus corona angliae dignitates amissas , ac jura posset pristina revoca●e , ad hoc quoque plene p●rficiendum regi suff●cere credidit , si ea quinia decima pars omnium rerum mobilium totius regni angliae , tam a personis ecclesiasticis , quam a laicis donaretur . to which it was answered , habita deliberatione quod regis petitionibus gratanter adquiescereni ; si illis diu petitas libertates concedere voluisset , which the king condescended unto . and chartis protinus conscriptis regis sigillo munitis & sic soluto concilio . the charters i shall pass over , only with this former observation , that i conceive those that gave the subsidy were the members of that parliament , and who they were will appear by the inspeximus of the great charter , and the charter of the forest inrolled in the statute roll , 25 e. 1. viz. pro hac autem donatione , & concessione libertatum istarum & aliarum libertatum contentarum in charta nostra de libertatibus forestae , archiepiscopi , episcopi , abbates , priores , comites , barones , milites , libere tenentes , & omnes de regno dederunt nobis quintamdecimam partem omnium mobilium suorum concessimus etiam eisdem pro nobis & haeredibus nostris , quod nec nos , nechaeredes nostri aliquid perquiremus ( i. e. a papa ) per quod libertates in hac charta consentae infringantur vel infirmentur . et si ab aliquo centra hoc aliquid perquisitum suerit , nihil esglise as countes , & barons , & a tout la communante de la terre que mes nul besoigne tien manere des aides mises ne prises de nostre roiaume ne prendromus forsque per commune assent de tout le roiaume & a commune profit de mesme le roiaume . teste 10 octobris . to deny therefore that the knights and freeholders de regno of england were a constituent part of the commune concilium , or parliament , in 2 & 9 h. 3. but were represented by the tenants in capite . a man may with equal reasons , and as strong authorities argue and affirm , that though the records plainly declare the enumeratio partium of those great councels , and the comites & barones to be one part then present , and that they gave a subsidy concurrent with the other parts , yet really , 1. they were not there nor joined in the tax , but were represented by the milites and libere tenentes de regno . 2dly , though the comites , barones , milites , & libere tenentes de regno are expresly and particularly mentioned in these grand charters , yet in truth they were not present at those great councils , but their votes and power were included , and they represented in and by omnes archiepiscopi , episcopi , abbates , & priores de regno , ( though the greater number of the two latter held not of the king in capite , ) who made laws , and gave taxes exclusis or omissis comitibus baronibus militibus , & libere tenentibus de regno . or 3dly , notwithstanding the naming of the prelates of the church , yet their power , vote , and authority was transferred and made over to the earls , barons , knights and freeholders of the kingdom , and their appearance there was not personal , but by representation , which no man certainly can believe . i shall close up this point with a memorable record which i happily found in the exchequer de anno 17 e. 3. the prior of coventry was attached to answer to the king de servitio octo seodorum militum per ipsum priorem & predecessores suos regi , & progenitoribus suis ab anno 29. domini regis h. proavi ipsius regis nune substracto & concelato . the prior appears per henricum de stretford , whereupon the barons order a search of the rolls and memoranda of the exchequer , and thereupon it was found in the roll of 29 h. 3. sub titulo de auxilio ad primogenitam filiam regis maritandam , that the prior stood charged with ten pounds for ten knights sees , and in the great roll 32. of the king titulato auxilium episcoporum a●batum , pr●orum con●essam ad sororem regis maritandam frederi●o imperatori , the prior stood charged de viginti marcis , &c. to this the prior pleads , quod ipse & predecessores sui tenuerunt omnia terras & tenementa sua per servitium duorum seodorum militum ●antum & quod dominus rex , seu progen 〈…〉 〈◊〉 de aliquibus aliis ser●itiis per 〈◊〉 〈◊〉 〈◊〉 , seu predecessores suos nun 〈…〉 〈◊〉 〈◊〉 per 〈◊〉 〈◊〉 , seu servici●● 〈◊〉 〈◊〉 〈◊〉 factum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 per memoranda hujus scaccarii , 〈◊〉 〈◊〉 inde serutinium , &c. 〈◊〉 quoad ●oc quod compertum est ●ic in rotulis &c. quod tempore dicti r●●●s henric● t●r●●● computatum fuit de 〈◊〉 〈◊〉 〈◊〉 de auxiliis eidem reg● henrico ad ●ilium suum ●ilitem faciendum & sororem suam maritandam conc 〈…〉 . hoc ●i non pr 〈…〉 in 〈◊〉 parte . di●it enim quod au●ilia illa non 〈◊〉 , 〈◊〉 〈◊〉 p●ssunt ●sse 〈◊〉 〈◊〉 〈◊〉 subsidia per 〈◊〉 , & communitatem regni spontanea , & mera voluntate regi concessa , & tam de teuentibus alio 〈…〉 , quam de tenentibus de domino rege in capite levanda quo prete●tu dictus compotus de auxiliis praedictis fuit tam pro feodis tenentium , tune prioris loci praedicti quam pro feodis ipsius prioris propriis , quod idem prior dicit posse liquere curiae per certificationem tune prioris loci praedicti tune baronibus de s●●●cario . from this record i shall make these observations : 1. that the crown could not de ju●● require any servi●ia from the subject , but those that were de●ita , omnes qui de rege tenent per servicium militare , ( and none else , ) regi faciant anxilium ad primogenitam siliam maritandam , saith the king , rot. pat. 29 h. 3. m. 7. dorso , and so said the law long before . sunt e●iam quaedam communes praestationes qu● servitia non dicuntur , nec de con 〈…〉 tudine veniunt , &c. sicut sunt hidagia , corragia , & carvagia , & alia plura de necessitate & ex consensu communi totius regni introducta & quae ad dominum ●●●di non pertinent . 2. there is a difference appears between servitia and auxilia : the law allows therefore the priors plea , when he says , that those extraordinary aides were not servitia but auxilia , granted to the crown per magnates & communitatem regni spontanea & mera voluntate , or as bracton before cited , consens● communi totius regni . 3. those aides were given tam de tenentibus aliorum quam de tenentibus de domino rege in capite levanda , quo praetexta dictus compotus de auxiliis praedictis were as well for the fees of the tenants of the then prior , as for the fees of the prior himself , which the prior said would clearly appear to the court by the certificate of the prior , his prodec●ssor , in the time of h. 3. made to the barons of the exchequer , so that the tenants of the prior did grant an aid as well as the prior himself , and that in parliament , for as i have observed before , rot. claus. 32 h. 3. m. 13. dor●o , there was a parliament then held . 4. that in the reign of h. 3. and preceding times , when the knights and freeholders , who held not of the king , but other lords , did in the commune concilium or parliament , gra●● 〈◊〉 au●●lium or aid to the crown , the great lord or baron of the fee , of who 〈…〉 the freeholders held , was 〈◊〉 in the exchequer to answer for 〈…〉 thereof , under the title of his 〈◊〉 , as the bishop of every 〈◊〉 , 〈◊〉 till queen elizabeth's time , was by law chargeable for the coll 〈…〉 , of 〈◊〉 granted by the clergy within his d●ocess , yet certainly as the bishop 〈◊〉 〈◊〉 any power to give for , or tax his 〈◊〉 ; no more could or did any great lord of the f●●●ither jure t 〈…〉 , or 〈◊〉 t●tionis , charge or give away the 〈◊〉 of his free t 〈…〉 , who were independent in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 solummodo 〈◊〉 ; this p 〈…〉 not well observed and understood 〈◊〉 late authors , has caused the 〈◊〉 about the t 〈…〉 〈◊〉 , representing the 〈◊〉 in parliament . 5. 〈…〉 held of the king in capite , yet very considerable in number , and all the citizens and burgesses should , till 49 h. 3. either be totally excluded from being any part of the generale concilium regni or parliament , or else by a law , of which there is not the least footsteps in history or law , were for so many ages to be represented by the tenants in capite only in parliament , the transcendent power of which council in conjunction with the king as head thereof sir thomas smith , that great and learned man , who was secretary and privy-councellor to our famous queen , an old parliament-man , when he comes to write of the parliament , and its largeness of power , says thus , in comitiis parliamentariis posita est omnis augustae absolutae que potestatis vis , quippe quemadmodum robur & virtus angliae dieuntur in acie residere parliamentaria comitia veteres leges jubent esse irritas , novas indueunt , praesentibus juxta ac futuris modum constituunt , jura & posse●siones hominum privatorum commutant , spurios natalibus restituunt , cultum divinum sanctioribus corroborant , pondera & mensuras variant — incerti juris contrever●●as dirimunt , ubi nihil lege cautum fuit , censum agunt , capitationes & vectigalia indicunt , delictorum gratiam faciunt , afflictas & majorum sceleribus perditas familias erigunt , vitae n●●isque potestatem in cos obtinent quos ad hujusmodi disquisitiones princeps advocaverat , atque ut concludam breviter , qui●quid in centuriatis comitiis , aut in tribunitiis populus romanus efficere potuisset , 〈◊〉 omne in comitiis anglicanis tanquam in coetu principem populumque represent ante commode transigitur . interesse enim in illo conventu omnes intelligimur ●uju●cunque amplitudinis status aut dignitatis princepsve aut plebs fuerit , sive per se ipsum hoc fiat , five per procuratorem , nam omnibus peraeque , gratum esse oportet qu●●quid ex senatusconsulto parliamentario profectum est . 6. it is observable , that the prescription of progenitores regis , in the record of the prior of coventry tempore e. 3. did expresly extend to the reign of h. 3. his great grandfather and higher too , so that i had good authority and warrant to say before , that , when the burgesses of st. albans , in the parliament 8 e. 2. affirmed , that they and their predecessors sicu● caeteri burgenses de regno , as the rest of the burgesses of the kingdom had totis retroactis temporibus , in all times past , in the time of f. 1. & pregenitorum suorum , and of his progenitors , sent two burgesses to every parliament , they had , as well as other boroughs of england sent burgesses to the generale corailium , or parliament before mentioned , in the 17th year of king john , grandfather to e. 1. at least , and so by clear evidence before 49 h. 3. from the aforesaid authorities and reasons , we may with good consequence conclude . 1. that the people or commons of england , from the time of the norman conquest , till 49 h. 3. were not represented in the commune concilium , regni or parliam●nt , by such only as held of the king in cap●●e . 2. and that the commons or people 〈◊〉 〈◊〉 ●●●in to be represented by knights , citizens , burgesses , and barons of the cinque ports in the said 40 h. 3. and now i shall subjoin some material records relating to my former discour●● . inter communia de term. trin. anno 7 e. 2. adhuc recorda . pjn nomine poliarc●t jesu christi salvato●is mundi totiusque creature creatoris cujus divino dominatui quique donatores debito servitio subnixe deserviunt , cujus etiam omnipotentatui universi potentatus obsecundari examussim preproperant , quia bonitas ejus bon 〈…〉 atis est incomprehensibilis , & miseratio inter minabilis , dapsilitas bomtatis ineffabilis longanimitas quoque super pravorum nequitias quantitatis prosixitate cujus●ibet longior qui co●idia●●s admonitionibus religiosam conversationem duccntes monet ut pie se●tando justitiae culturam non eam deseren dolinquant ; quin potius perseverabilt instantia in ejus cultura ut permaneant pat●rno affectu hortatux ; qui nihilom●nus eadem affectione mandat peccato●ibus ut resipiscant a suis iniquitatibus convertentes , quia eorum execratut mortem ejus amoris stimulo & fide suffultus cujus largif●ua miseratione ego cnut rex totius albionis insule aliarum nationum plurimarum in cathedra regali promotus cum consilio & decreto archiepiscoporum , episcoporum , abbatum , comitum aliorumque omnium fidelium eligi sanciend . atque perpeti stabilimento ab omnibus confirmandum ut monasterium quod biadricesworth nuncupatur , sit per omne evum monachorum gregibus deputatum ad inhabitandum , & ab omni dominatione omnium episcoporum comitatus illius funditus liberum , ut in eo domino servientes monachi , sine ulla inquietudine pro statu regni domini prevaleant precari . placuit etiam mihi hanc optionis electionem roborare privilegio isto in quo indere prccepi libertatis donum , quod jam olim edmundus rex occidentalium saxonn̄ largitus est suo equivoco pro nanciscenda ejus gratia , & mercede aeterna scilicet edmundo regi & martiri quod bone voluntatis voto augere cupimus , quatcnus ejus promereri partibus mercar portionem ●●us beatitudinis post hujus cursum vite . tali libertate concedo fundo frui illi in quo idem status pansat ut quociens populus universus persolvit censum danis vel ad naves seu ad arma persolvant inhabitantes in ipso fundo eadem ad usus , quos elegerint fratres illius loci sitque nobis remedio hoc michi quippe eque reginae meae elfgife ac filiis nostris omnibusque qui pridem ei hoc contulerunt . huic libertati concedo additamentum scilicet maritimos pisces , qui michi contingere debent annualiter per teolonei lucrum & piscationem quam ulfkytel habuit in wylla , & omnia jura quarumcumque causarum in villis quae monasterio adjacent & quae adjiciendae sunt per gratiam dei dedi quoque reginae meae assensum concedens ei pro sua elemosina dare quatuor milia anguillarum cum muncribus quae pertinent ad illas pro annuali censu in villa que cognominatur lakynghythe , si quislibet quod absit istam libertatem quoquolibet conatu nititur servitutis jugo subigere vel prava intentione transmatare ut rursus clericos in eo collocet loco sit addict●s captivitati aeterne careat sempiterna libertate , & mancipatus setvitio diaboli ejusque consortio sit in extricabilibus habenis constrictus nisi satisfactio ejus erratui subveniat quod prorsus optamus . ✚ ego cnut rex gentis anglorum aliarumque nihilominus hoc privilegium jussi componere & compositum cum signo dominicae ctucis consirmando impressi . ✚ ego alfgifa regina omni alacritate mentis hoc confirmavi . ✚ ego wulsta●●s ●rchicpiscopus conscnsi . ✚ ego athelnothus archicpiscopus confirmavi . ✚ ego godwinus episcopus corroboravi . ✚ ego alfwinus episcopus assensum dedi . ✚ ego alffinus episcopus consignavi . ✚ ego athericus episcopus conclusi . ✚ ego alfwynus episcopus roboravi . ✚ ego brithwaldus episcopus . ✚ ego iric dur. ✚ ego godwinus dux . ✚ ego ulf dux . ✚ ego eglaf dux . ✚ ego hacun dux . ✚ ego leofwynus dux . ✚ ego godricus dux . ✚ ego oslacus miles . ✚ ego theoreth miles . ✚ ego thurkil miles . ✚ ego thrym miles . ✚ ego brothor miles . ✚ ego alfricus miles . ✚ ego alfwynus miles . ✚ ego leofricus abbas . ✚ ego alfwardus abbas . ✚ ego athelstanus abbas . ✚ ego alfsias abbas . ✚ ego leofwinus abbas . ✚ ego wulfredus abbas . ✚ ego oskytelus abbas . ✚ ego alfwius . ✚ ego alfricus . ✚ ego alfricus . ✚ ego leoffius . ✚ ego leofricus . domino sanctae universalis ecclesiae summo pastori paschali ; conventus ecclesiae christi cantuariensis fideles orationes , & totius sanctae devotionis obsequium . notum esse non dubitamius gloriosae paternitati vestrae ( pie domine ) quod ecclesia cantuariensis mater nostra , sanctae scilicet romanae ecclesiae specialis filia jam ab obitu beatae memoriae patris nostri auselmi archiepiscopi per quinquennium cura pastoralis officii peccatis nostris exigentibus sit destituta nuper autem respectu misericordiae dei , adunato conventu totius anglici regni in praesentia gloriosi regis nostri henrici electus a nobis & clero & populo est ad regimen ipsius ecclesiae radulphus roffensis episcopus nobis sufficientissime cognitus , & propter uitae suae meritum & sanctae conversationis effectum toti regno valde acceptus . huic electioni affuerant episcopi abbates & principes regui , & ingens populi multitudo censentiente domino nostro rege & eandem electionem laudante , suaque auctoritate corroborante quoniam igitur ita res se habet mittimus ad vos , modis quibus possumus supplicantes ut quem ad sublevationem & consolationem ecclesiae suae deus ( quantum nobis datur intelligi ) elegit vestra sancta auctoritate in quo electus est confirmetis , & ei pallium quod omnes antecessores sui a sacratissima sede beati petri consecuti sunt transmittere dignemini ne sanctitate vestra aures pietatis suae precibus nostris ( quod deus avertat ) non inclinante in pristinas miserias aliquo eventu ecclesia nostra ( filia vestra ) reiabatur . ipsemet enim tanta corporis imbecilli tate gravatur , ut non sine magno periculo sui , & detrimento omnium no strum valeat hoc tempore vestigiis vestris se presentare . sanctum apostolatum vestrum omnipotens deus dignetur ad honorem suae sanctae ec clesiae per multa tempora incolu mem conservare dignissime pater . amen . henrico regi anglorum charo domino suo ac sum̄o honore uenerando , frater radulphus sanctae cantuariensis ecclesiae indignus sacerdos & totus conventus ejusdem ecclesiae salutem , & orationes & fidelia obsequia notum facimus sublimitati vestrae alexandrum regem scotorum cum consensu cleri & populi regni sui legatos suos ad nos misisse & consilium curae pastoralis ad opus ecclesiae sancti andreae a nostra ecclesia ex pe 〈…〉 sse considerantes ergo ●orum ju●●am petitionem & tam divini amoris reverentiam , quam sanctae matris ecclesiae utilitatem attendentes laudandis desideriis pium praebuimus assensum concessimus ergo ju●ta petitionem corum personam ecclesiae nosirae ab eis denominatam dominum edmerum quam a pueritia disciplinis ecclesiasticis sublimiter justitusum & sanctis moribus decenter ornatum ad officium sacerdotale omnino s●●mus 〈…〉 neum . uestram igitur ve 〈…〉 sublimitatem submisso corde ●●poscimus ut vestrae c●●situdinis pia voluntate atque 〈…〉 ritate & illorum deo 〈◊〉 〈◊〉 & super tam neces 〈…〉 io ecclesiae dei negotio nostrae hum 〈…〉 atis con 〈…〉 o ro●oretur . omni 〈…〉 s deus sublimitatem vestram ad ho●orem suum & munimen ecclesiae su● p●r longa tempora incolumen cu 〈…〉 & 〈◊〉 〈◊〉 regnum digni●are 〈…〉 nnis 〈◊〉 〈◊〉 digne●●● . rescriptum regis ad haec . henricus ret anglorum radulfo archiepiscopo cantuariae salutem volo & concedo ut monachum illum unde ret scotiae te requisivit , liberum ei concedas ad consuetudinem terrae suae in episcopatu sancti andreae teste everardo de calna apud rothomagum . patri uenerabili paschali summo pontifici henricus dei ●ratia ret anglorum salurem promotioni vestrae in sedem sanctae romanae ecclesiae plurimum congaudeo , pete●squod amicitia quae patri meo cum antecessoribus vestris fuit , inter nos quoque illibata permaneat , unde ut disectio & benignitas a me videatur sum●●e mitium . beneficium quod antecessoribus meis beatus petrus habuit vobis mitto , eosque honores , & eam obedientiam quam tempore patris mei antecessores vestri in regno angliae habuerunt in tempore meo ut haveatis volo ; eo videlicet ●enore , ut dignitates usus & consuetudines quas pater meus tempore antecessorum vestrorum in regno angliae habuit , ego tempore vestro in eodem regno meo integre obtineam notumque habeat sanctitas vestra quod me vivente deo auxiliante dignitates & usus regni angliae non minuentur & si ego quod absit in tanta me dejectione ponerem , optimates mei immo totius angliae populus id nullo modo pateretur habita igitur ●arissime pater utiliori deliberatione ita se erga nos moderetur benignitas vestra ne quod invitus faciam a vestra me cogatis recedere obedientia . rex baronibus , militibus , & omnibus fidelibus totius angliae salutem sciatis , quod die martis prox . ante — suscepimus literas domini papae in partibus pictaviae de — relaratione jnterdicti angliae , quas destinavimus venerabili p. winton episcopo justic̄ nostro & vos rogamus attentius tanquam dilectos , & fideles nostros quorum dilectioni & fidelitati plene confidimus quatenus secundum quod idem episcopus vobis diceret consilium & auxilium vestrum ad honorem nostrum & vestrum , & statum regni nostri melius commu nicandum efficaciter super hoc apponatis ut vobis modo ad uberiores teneamur gratiarum actiones . et ut dileoe . quam hactenus erga nos habuistis in hoc merito — nostrum si fieri literas nostras super hoc transmissemus , set ut negotium illud , quod & nobis & vobis ad commodum cedet & honorem & majori expediretur festinatione has literas , &c. t. meipso apud rupellam sexto die martii . eodem modo scribitur . majori & baronibus london . majori & probis hominibus winton . probis hominibus northampton . linc. ebor. oxon. glouc. heref. exon. wigorn. cantebr . hunt. bristoll . norwich . eodem modo scribitur . omnibus burgis & dominicis domini regis dat. eodem . rex dilecto & fideli suo willielmo com. maresc . salutem sciatis , quod salvi dei gratia & incolumes apud rupellam applicuimus die sabbati prox . post capt . jennim̄ & magnae partis gentis nostrae . et statim ex quo adveuimus tamen reddita nobis fuerunt cum relicta xxvj . castra & fortalicia & praeter paucos dies processimus ad castrum de millesen . obsidendum , & tunc castrum illud cepissemus venit ad voluntatem & misericordiam nostram johannes de portio clericus & continuo post illum venit similiter ad voluntatem & misericordiam nostram savericus de malo leone quem consilio domini burdegensis archiepiscopi & aliorum filedium nostrorum in pacem nostram admissi 〈…〉 s ; die autem martis pro● . ante mediam ●uad●agesimam dum adhu● moram fecissemus circa casirum illud funditus prosternendum , ●e●it ad nos acelina romana frater gulielmi de san●to andoeno afferens nobis literas demini papae de forma interdicti relaxndi in anglia quas ●enera●●●i patri nostra domino p. winton episcopo destina●●mus , unde vobis 〈…〉 us 〈…〉 tes 〈…〉 us ad negotium illud exequend ad honorem dei , & nostrum & vestrum consilium , & auxilium efficax impendatis & faciatis super negotio ista id quod dominus winton̄ episcopus justiciarius noster vobis dicet ad fidem & commodum nostrum , ut honorem inde habeamus & regni nostri status in melius commutetur unde merito ad perpetuas vobis teneamur gratiarum actiones . t. meipso apud rupellam octavo die martii . eodem modo scribitur omnibus comitibus , baronibus , & magnatibus angliae dat. eodem . reverendo domino suo & patri sanctissimo j. dei gratia summo pontifici johannes eadem gratia rex angliae , &c. salutem & debitam tanto domino ac patri reverentiam . cum comites & barones angliae nobis devoti essent antequam nos & nostram terram dominio vestro subjicere curasfemus extune in nos specialiter ob hoc sicut publice dicunt violenter insurgunt . nos vero post deum vos specialem dominum & patronum habentes defensionem nostram & totius regni quod vestrum est esse credimus vestrae paternitati commissam . et nos quantum in nobis est curam & sollicitudinem istam vestrae reservamus dominationi devotius supplicantes quatenus in negotiis nostris quae vestra sunt consilium & auxilium efficax apponatis ; prout melius videritis expedire latores praesentium venerabiles patres w. burdega● & h. dublin archiepiscopos magistrum r. canc̄ nostrum abbatem belli loci magrūm p. ebor̄ ecclesiae praecentorem & h. archidiac̄ & magrūm de arenio canon̄ ebor̄ , & nobiles viros j. marescallum & g. lutterell fideles nostros quos propter hoc ad pedes vestros transmittimus benignius exaudientes . nos enim super omnibus quae ad nos & regnum nostrum pertinent vices nostras & authoritatem sanctitati vestrae committimus ratum habituri & firmum quicquid inde cum consilio nunciorum nostrorum dureritis ordinandum . t. mcipso apud doveram 13. die septembris . jtem domino papae , &c. jn conspectu paternitatis vestrae humiliamus ad gracias multiplices prout melius scimus & possumus exhibendas pro cura & sollicitudine quam ad defensionem nostram & regni nostri angliae paterna vestra benevolentia indesinenter apponit licet duritia praelatorum angliae atque inobedientia malitiose impediant piae vestrae provisionis effectum . nos tamen pro effectu sincero quem ad nos geritis clementiae vestrae devotius inclinamus qui etsi ad praesens a superbis & a malevolis ad insipientiam sibi censeatur inefficax nobis erit domino concedente ad tuicoem & pacem & inimicis nostris confnsionem & terrorem inducit . et licet dominus pandulphus fidelis subdiaconus vester norwicensis electus nobis pernecessarius esset in anglia ut pote qui honorem ecclesiae romanae ac vestrum & totius regni nostri fideliter & devote procurat quia tamen nullo modo de statu nostro & regni paternitas vestra certificari poterit melius quam ipsum ad pedes vestros eundem destinamus invitum devocius supplicantes quatenus ꝑ ipsum specialiter & alios fideles nostros illatae vobis in persona nostra injuriae veritate comperta ad regimen regni nostri & nostrae observandum dignitatis paternae manum solicitudinis apponatis , prout excellens vestra discretio viderit expedire quod per dei gratiam laudabiliter facitis & secistis pro certo habentes quod post deum personam vestram & auctoritatem apostolicae sedis habemus unicum & singulare praesidium & sub vestri considencia patrocinii respiramus . teste &c. noverint universi quod dominus h. rex angliae illustris r. comes norff. & marescallus angliae h. comes hereford & essex j. comes de warewico petrus de sabaudia caeterique magnates angliae concesserunt in sententiam excommunicationis generaliter latam apud westm̄ tertio decimo die maii anno regni regis praedict . 37. in hac forma scilicet quod vineuso praefatae sententiae ligentur omnes venientes contra libertates contentas in cartis comunium libertatum angliae & de forresta et omnes qui libertates ecclesiae angliae tempotibus domini regis & praedecessorum suorum regum angliae optentas & usitatas scienter & maliciose violaverint , aut infringere praesumpserint , & omnes illi qui pacem domini regis & regni perturbaverint , & simiilter omnes qui jura & libertates regis & regni diminuere infringere seu mutare praesumpserint . et quod omnes venientes contra premissa vel eorum aliqua ignorantur & legitime moniti infra quindenam post mentionem praemissam dictam transgression̄ non emendaverint extunt praedictae sententiae excōicac̄onis subjacebunt jta tamen quod dominus rex transgressionem illam per considerationem curiae suae faciat emendari sciendum autem quod si in scriptis super eadem sententia a quibuscunque confectis , seu conficiendis aliud vel aliter appositum vel adjectum fuerit aut articuli aliqui alii in eis contenti inveniantur dominus rex & praedicti magnates omnes & communitas populi protestautur publice in praesentia uenerabilium patrum b. dei gratia cantuariensis archiepiscopi totius angliae primatis necnon & episcoporum omnium in eodem colloquio existent quod in ea nunquam consenserunt , nec consentiunt set de plano eis contradicunt praeterea praefatus dominus rex in prolacione praefatae sententiae omnes libertates & consuetudines regni nostri antiquas & usitatas & dignitates & jura coronae suae ore proprio specialiter sibi & regno suo salvavit & excepit in cujus rei memoriam & in posterum veritatis testimonium tam dominus rex quam praedicti comites ad instantiam aliorum magnatum & populi praesentium scripto sigilla sua apposuerunt . rex reginae & r. comiti cornub. salutem cum nos , & omnes magnates & praelati angliae juraverimus & promiserimus nuper apud westm̄ ' , quod magnam chartam nostram angliae in omnibus articulis suis teneri firmiter faceremus nos adhuc in eodem proposito persiūentes volumus & mandamus quod cartam illam super sacramentum singulorum uicecomitum in singulis comitatibus publice clamari faciatis & teneri , dum tamen praefati magnates & praelati eam fac̄ simili modo de cetero a suis subditis teste , &c. rex uenerabilibus in christo patribus omnibus archiepiscopis , episcopis , & dilectis sibi in christo abbatibus , & prioribus , & dilectis & fidelibus suis universis com̄ baron̄ militibus & aliis fidelibus suis hiberniae salutem mittimus dilictum & fidelem nostrum filium j. galfr̄ justc̄ nostrum hiberniae ad partes hiberniae ad exponendum vobis statum nostrum & terrae nostrae vascon̄ & pericula nobis imminentia & ad tractandum vobiscum super auxilium nobis faciend contra regem castell qui dictam terram nostram uascon̄ in manu forti in quindenam pasche primo futur̄ hostiliter est ingressurus vobis mandantes quod eidem justic̄ nostro in hiis quae nobis ex parte nostra super praedicto auxilio perquirendo intimabit fidem adhibeatis jn cujus &c. t. a. regina nostra & r. com̄ cornub apud westm. ij . die febr. per regn̄ . rex archiepiscopis , episcopis , abbatibus , prioribus , com̄ baron̄ , militibus liberis hominibus civibus burgensibus , & omnibus aliis fidelibus suis terrae suae hiberniae salutem mittimus fratrem nicholaum de sancto neoto fratrem ●ospic̄ sancti johannis jerusalem in anglia ad partes heberniae ad e●ponend vobis una cum j. galf. justic̄ nostro hiberniae statum nostrum & terrae nostrae uascon̄ & pericula nobis imminentia de hostili adventu reg. castell qui nullo jure set potentia sua confisus terram nostram uascon̄ per ipsius fortitudinem a manibus nostris auferre & a domino regni angliae segregare proponit universitatem vestram quantum possumus affectione rogantes quatenus nos & jura nostra taliter indefensa non deserentes nobis in tanto periculo constitutis quantumcunque in mundo poteritis de gente & pecunia ad predictae terrae nostrae defensionem quam praedictus rex in manuforti in estate prox . futur̄ hostiliter est ingressurus subveniatis quod in vestrum honorem uertetur sempiternum cum ex contrario hujus negotii eventu non tantum nobis set singulis regni nostri & terrae nostrae hiberniae — & rerum dampnum imineat periculosum hiis nostris augustiis taliter compatientes quod nos & haeredes nostri vobis & haeredibus vestris sumus non immerito obligati jn cujus &c. teste a regina & r. com. cornub. apud windsor xvij die februarii per reginam . rex omnibus &c. cum pro negotiis nostris arduis regnum nostrum contingentibus proceres & fideles regni nostri ad nos london in quindena pasche prox . praeterit̄ facere 〈…〉 us convocari & cum de negotiis supradictis maxime de prosecutione negotii siciliae diligenter cum eisde 〈…〉 tractaremus ac ipsi nobis responderint quod si statum regni nostri per concilium fidelium nostrorum rectificand duxerimus et dominus papa conditiones circa statum siciliae appositos melioraverit per quod negotium illud prosequi possemus cum effectu ipsi diligentiam fideliter apponent erga communitatem regni nostri quod nobis commune auxilium ad hoc praestetur nos eis concessimus quod infra festum natalis domini proximum futurum per consilium proborum & fidelium hominum nostrorum regni angliae unacum consilio legati domini papae si in angliam medio tempore venerit statum regni nostri ordinabimus & ordinationem illam firmiter observabimus & ad hoc fideliter observand supponimus nos cohercioni domini papae ut nos ad hoc per censuram ecclesiasticani prout expedire viderit valeat arctare protestamur etiam quod edwardus filius noster primogenitus praeūito sacramento corporali per literas suas concessit quod omnia superius expressa quantum in ipso est fideliter & inviolabiliter observabit & imꝑp̄um observari procurabit jn cujus &c. hiis testibus edwardo filio nostro primogenito galfr̄ de lazing , willielmo de valenc̄ frībus nostris p. de sabaudia , johanne de pless . com. warr̄ johanne maunsell thesaur̄ ebor̄ henrico de wingham decano sancti martini london , petro de rivall guidone de rocheford , roberto fitzwalter p̄ntibus & multis aliis com̄ baronibus regni nostri dat. apud westm. 7. die maii. nostre seignior le roy per le conseil & l'assentement de le roy de alemain & de countes & de barons & de● comun de la terre pardone & relesse a ceans de la meenee le counte & a touz ceux de sa compaignie ou que il scient ou cient este &c. en tesmoin ' de ceste chose nostre seignior le roy de angleterre & le roy de alem ' cest escrit unt mis leur seans doune a estratford le quiuszime jour de juyn le aun cynquant premer . henry per la grace dieu &c. per le conseil & le assentement nostre cher frere le roy de alem̄ e cuntes e de barun̄s e le comun de nostre terre avoms pardone quite & relesse a tuz ceus de londres totes maneres de ire & de rancor & de male volente &c. e avoms graunte & otree a touz ceus avantnomes que mal ne damage ne lour ferroms ne sufferoms estre fet , e ke il ne sient encheisonez ne enquerelez pur les choses avantditz en tesmoign de cestes nos & le roy de alem ' a cest escrit avoms mis nos seans donne a estratford le cessime jour de juyn lan de nostre regne cynquante premier . inter communia brevia de termino sanctae trin. anno regni regis e. 1. xxxiiij . recorda . memorand quod cum nuper dominus rex ordinasset quod edwardus filius suus primogenitus in festo pentecostes anno regni sui tricesimo quarto cingulo milicie decoraretur et mandatum esset archiepiscopis , episcopis , abb'ibus , prioribus , comitibus baronibus , & aliis magnatibus regni quod essent coram ipso domino rege & concilio suo apud westmon̄ in crastino sanctae trinitat , proximo sequent ad tractand & ordinand de auxilio regis faciendo ad miliciam praedictam & ad consenciend hiis quae ulterius ordinarentur in hac parte vel quod procuratores aut attornatos suos sufficienter instructos ad premissa loco eorum facienda mitterent tunc ibidem . ac etiam praeceptum fuisset singulis uicecomitibus angliae quod eorum quilibet venire faceret de cam̄ suo ad praefatos diem & locum duos milites & de qualibet civitate ballivae suae duos cives , & de quolibet burgo ejusdem ballivae suae duos burgenses , &c. ad tractand ordinand & consentind sicut praedictum est . uenerunt personaliter coram rege & consilio suo apud westm̄ ad diem illum antonius bek patriarcha jerosalomitanus episcopus dunolm w. de langeton coventr̄ & lich. radus de baldok london episcopi , h. de lacy comes linc̄ j. de warrenna comes surr̄ r. de monte hermer . comes gloucestr̄ & hertf. h. de boun comes hereford g. de bello campo comes warr̄ robertus filius walteri hugo le despenser johannes de hastinges hugo de veer willielms martyn , henr̄ le tyeys , johannes lovell , rogerus de mortuomari , johannes de mohun , alanus la zouche , will 's de leyburn , & robertus de burghersh , custos quinque portuum cum quibusdam baronibus portuum eorundem . ac etiam per procuratores & attornatos robertus cantuar̄ & will 's eborum archiepiscopi thom̄ exon̄ richardus hereford , johannes wynton , johannes cicestr̄ , thom̄ roffen̄ , robertas elyen , johannes norwycen , johannes lincoln̄ , simon sarum , will 's wygorn̄ , walterus bathon , & wellen , & johannes karliol episcopi abbates westmon̄ , sancti edmundi , sancti augustini cantuar̄ , sancti albani , glastonie , burḡ sancti petri rammeseye , thorneye , seleby & malmesbury , sancti petri gloucestr̄ , rogerus comes norff. & mars● . angliae thom̄ comes lancastr̄ , edmundus comes arundell , & quam plures alii praelati magnates , & proceres regui ●ecnon de quolibet comitatu regni ejusdem duo milites & de qualibet civitate duo cives & de quolibet burgo duo burgenses electi per communitates comitatuum civitatuum & burgorum eorundem ad praemissa loco communitatū eorundem tractand ordinand & conscenciend similiter venerunt . quibus praedictis omnibus congregatis coram consilio regis praedicto ipsisque ostenso per idem consilium er parte regis quod de jure coronae regiae auxilium domino regni fieri debuit in casu praedicto ac etiam quod expense multiplices & alia quam plura onera eidem domino regi incumbent ad rebellionem & maliciam roberti de brus proditoris ipsius domini regis & sibi in partibus scotiae adherentium qui adversus ipsum regem jam in illis partibus guerram movere praesumpserunt reprimendas . jidem prelati comites , barones , & alii magnates , necnon milites comitatuum tractatum super hoc cum deliberatione habentes considerantésque aurilium deberi ut praedictum est & quam plura onera regi incumbere propter guerram praedictam tandem unanimiter domino regi concesserunt pro se & tota communitate regni tricesimam partem omnium bonorum suorum temporalium mobilium quae ipsos habere continget in festo sancti michaelis pror , futu● habendam pro auxilio eidem domino regi competente ad miliciam filit sui praedicti ac etiam in auxilium misarum quas ipse est facturus circa guerram praedictam jta tamen quod ista concessio ipsius vel eorum successoribus aut haeredibus futuris temporibus nullatenus cedat in praejudicium , nec in casu hm̄oi trahatur in exemplum et quod in tarando bona praedicta excipiantur omnia que in taxatione qnintedecime a communitate regni domino r. anno regni sui xviiij concesse propter exilium judeorum fuerunt excepta . cives quidem & burgenses civitatum ac burgorum prdictorum ac caeteri de dominicis reg. congregati & super premissis tractatum habentes considerantesque onera domino r. incum●cntia ut praemittitur cidem domino regi unanimiter concesterunt ob causas supradictas vicesimam partem bono . rum suorum mobilium habend ut praedictum est . memorandum quod ad crastinum sanctae trinitatis prox . praeteritum praelati & caeteri magnates regni pro se & tota communitate ejusdem regni concesserunt domino regi tricesimam bonorum suorum omnium temporalium extra civitates burgos & dominica domini regis , & cives , & burgenses , & tenentes dominicorum praedi 〈…〉 orum vicesimam bonorum suorum tam ad militiam edwardi filii regis praedicti quam ad subsidium defensionis terrae scotiae contra robertum de brus & ipsius complites inimicos regis , &c. et forma conce●●ionis supradictae plenius annotatur in memorandis anni praecedentis termino trin̄ et subseripti venientes modo hic concesserunt satisfacere regi pro tricesima & uicesima praedictis ipsos contingentibus ut patet subsequenter . communia de termino sancti hillarii anno xvii e. 3. recorda . prior de coventr̄ attachiatus fuit ad rendend domino regi de servicio ●cto feodorum militum per ipsum priorem & praedecessores suos regi & progenitoribus suis ab anno 29. domini regis h. proavi ipsius regis nunc substracto & concelato et ipse prior per henricum de stretford attorn̄ suum venit . et super hoc quia barones plene volunt informari pro rege per rotulos & memoranda sacc̄ii de quibusdam negotium praedictum tangentibus antequam &c. datus est dies eidem priori hic ex assensu willielmi de thorpe servientis regis a die pasche in quindecim dies eo statu , &c. ad quem diem prior venit et quia nondum plene scrutinium , &c. datus est dies eidem priori ex praefixione cur̄ in octabas sanctae trinitatis eo statu , &c. et interim facto scrutinio rotulorum &c. compertum est in rotulo 29. regis henrici tertii sub titulo de auxilio ad primogenitam filiam regis maritandam videlicet de quolibet scuto xx s. contineri sic prior de coventr̄ reddit compotum de decem libris de decem feodis de quibus quidem decem libris willielmus trussell uicecomes dicti comitatus in compota suo de anno 32. ipsius regis henrici oneratus fuit inter alia debita quae debebat in fine ejusdem compoti sicut continetur in magno rotulo de eodem anno 32. & in rotulo 31. ejusdem regis henrici compertum est etiam in quodam rotulo compotorum titulato auxilium episcoporum abbatum priorum concessum ad sororem regis henrici maritandam fredirico imperatori videlicet de quolibet scuto duas marcas contineri in hunc modum prior de coventr̄ reddit compotum de viginti marcis de eodem . in thesaurario octo marcas et debet duodecim marcas de quibus respondet in warr̄ in rotulo 34. et in eodem rotulo 34. requirebantur de ipso priore quindecim marcae de auxilio ad transfretationem regis in vasconiam & duodecim marcae de auxilio ad sororem regis maritand . de quibus quidem duobus debitis idem prior postmodum regi satisfecit sicut continetur in rotulis annalibus de annis 36. 39. & 40. dicti regis henrici tertii . item compettum est in rotulo de servicio regis edwardi filii regis henrici summoni● apud rothelan die dominica in crastino sancti petri ad vincula anno regni sui decimo contra lewelinum filfum griffini & david fratrem ejus & alios walenses quod prior de coventr̄ recogn̄ servicium duorum feodorum militum pro quo finem fecit et in rotulo de finibus factis pro serviciis scotiae anno ejusdem regis edwardi tricesimo primo annotatur quod prior & conventus de coventr̄ recognoverunt servicium duorum feodorum militum & finem fccerunt per quadraginta libras et in rotulo de finibus pro serviciis scociae anno 34. ejusdem regis edwardi filii regis continetur quod prior de coventr̄ per fratrem johannem holeweye commonachum & attornatum suum recognovit servicium duorum feodorum militum & finem fecit pro eodem per quadraginta marcas . et inter fines factos in scaccario coram tenente locum . thesaurarii & baronibus pro serviciis regi debitis in exercitu scociae anno regis edwardi filii regis edwardi septimo videlicet pro servicio unius feodi viginti marcas continetur quod willielmus herle & robertus de leicestr̄ finem fecerunt cum rege pro priore de coventr̄ pro servicio duorum feodorum militum per quadraginta marcas . et praedictus prior ad praedictas octabas trinitatis venit ut prius per attornatum suum praedictum et willelmus de thorp , & johannes de stoford servientes regis veniunt pro rege . et super hoc expositis praesato priori hiis quae per scrutinium rotusorum inveniuntur ut supra & per ipsum priorem auditis & intellectis isdem servientes regis petunt quod idem prior super hoc respondeat , &c. et praedictus prior dicit quod ipse & praedecessores sui tenuerunt ●mnia terras & tenementa sua tam videlicet ea quae habet in dominico quam in servicio per servicium duorum feodorum militum tantum . et quod dominus rex seu progenitores sin de aliquibus aliis serviciis per ipsum priorem seu praedecessores suos nunquam seisiti fuerunt per finem feu servicium per corpora hominum factum quod liquere poterit per memoranda hujus scaccarii si fiat inde scrutinium , &c. et quoad hoc quod compertum est hic in rotulis , &c. quod tempore dicti regis henrici tertii computatum fuit de certis pecuniae summis de auxiliis eidem regi henrico ad filium suum militem faciendum & sororem suam maritandam concessis . hoc ei non praejudicat in hac parte . dicit enim quod auxilia illa non fuerunt nec censeri possunt esse servicia immo quaedam subsidia per magnates & communitatem regni spontanea & mera voluntate regi concessa & tam de tenentibus aliorum quam de tenentibus de domino rege in capite levanda quo praetextu dictus compotus de auxiliis praedictis fuit tam pro feodis tenentium tunc prioris loci praedicti quam pro feodis ipsius prioris propriis , quod idem prior dicit posse liquere curiae per certificationem tunc prioris loci praedicti tunc baronibus de scaccario de mandato regis henrici factam de feodis quae ipse tunc prior tenuit de veteri feoffamento & de novo super quo certificatum fuit quod feoda quae dictus tunc prior tenuit in dominico & feoda quae tenentes sui de ipso tenuerunt fuerunt in toto decem feoda , &c. et petit judicium desicut ipse tenet omnia terras & tenementa sua per servicium duorum feodor̄ militum tantum , nec sit compertum hic penes scaccarium quod dominus rex seu progenitores sui de aliquibus aliis seu plutibus serviciis per manus dicti prioris seu predecessorum suorum unquam seisiti fuerunt si ipse de aliquo feodo seu hujusmodi servicio concelato impetiri seu calumpnari debet in hac parte . et super hoc quia dicti servientes regis volunt super responso suo deliberare , &c. datus est dies eidem priori hic in octabas santi hillarii ea statu , &c. ad quem diem praedictus prior venit & ob eandem causam qua prius datus est ei dies ulterior hic a die pasche in quindecim dies eodem statu quo prius . ad quem diem idem prior venit & ob dictam causam adjornatur ulterius usque quindenam sanctae trinitatis eo statu , &c. ad quem diem ven̄ & datus est ei dies ulterius usque octabas sancti michaelis anno viz. decimo nono regis hujus ea finis . notes, typically marginal, from the original text notes for div a54633-e1050 spelm. concil . tom. 1. p. 34. erac beltaunia viginti & octo civitatibus quondam nobili●●imis insignita praeter casteila innumera quae 〈◊〉 ipsa muris , turribus , portis ac seris eraut instructa ●●rm●●simis . 〈◊〉 er●l . h●●t . 〈◊〉 . 〈◊〉 c●● 〈◊〉 . xiphilin . è dione cassio p. 601. impress . basiliae . sp●●m . con 〈…〉 . to●● . 1. p. 126. idem tom. 1. pag. 219. ●ed . eccles. histor. lib. 1. antiquit. britanniae , p. 75. parliamentum synodus magna nuncupatur . somn●●i 〈◊〉 . malme●b . lib. 3 p. 56. l. 24. 〈…〉 m. gloss. 〈◊〉 . gemotum , ●ol . 261. camd. britan. in 8 o. impress . 1586. fol. 63. lambard de priseis anglor . legibus cap. 8. sol . 139. bracton 〈◊〉 . 134. coke 12. rep. sol . 65. plouden . commen . sol . 236 , 237. 〈◊〉 con●ilia pag. 39. 397. chron. ●o●annis br 〈…〉 pton , col. 841. i 〈…〉 er commu 〈…〉 de term. s 〈…〉 ae 〈◊〉 〈◊〉 . 7 〈◊〉 . 2. p 〈…〉 r 〈…〉 domini thesaur . in s●●●ca●io rema 〈…〉 . cha●●a regis 〈◊〉 . will. malm●b . de gestis reg. anglor . l. 2. pag. 4● . b. 〈◊〉 . 16. ●g . 42. l. 21. lib. 1. mat. 〈◊〉 . pag. 〈◊〉 . 〈…〉 a 〈…〉 lamberdum . s 〈…〉 review of his history of tythes . sir ●oh● da 〈…〉 reports , in his c 〈…〉 of 〈◊〉 〈◊〉 4● . camd. britan. spelmans glossary verbo drenches , pag. 184. sha●d . in ca● . in ●tin . temp. e. 3. fol. 143. b. johannes shardelowe unus justi● . de banco . rot. pat. 16 e. 3. par● 1. m. 2. in ore gladii ( saith he ) regnum adeptus sum , anglorum devicto haraldo rege cum suis complicibus qui mihi regnum cum providentia dei destinatum & beneficio concessionis domini & cognati mei gloriosi regis edwardi concesa●● conati sunt a●s●rre , &c. chart. 〈◊〉 . in inspex . part. 7. 1● e. 4. membr . 26 ms. penes meipsum . 〈…〉 . 〈…〉 . 〈…〉 . main●●●sh . de gest. pontif. pag. 154. b. 〈◊〉 . concil . tom. 2. pag. 3●1 , 342. 〈◊〉 pi 〈…〉 is 〈◊〉 saith , pag. ●●8 . nulli gallo datum quod anglo cuiquam injustè sterit ablatum . s●ldeni ad eadm●rum spiceleg . pag. 190. net. 〈◊〉 〈◊〉 〈◊〉 conquest . 〈◊〉 pag. ●●5 , 257. 〈…〉 s●●●●ns titles of honor , pag. 580. ●em pag 523. mat. 〈◊〉 in ●●ta sanct● 〈◊〉 abbat 〈…〉 , pag. 48. mat. pare in vita 〈◊〉 abbat 〈…〉 〈◊〉 l. 3● . hoviden pars prior pag. 260. mat. paris in ●●●a s. a●bani abbatum , pag. 48. * naturalium . mirror of justices , chap. 1. pag. 9. de eventibus anglia lib. 5. sol . 2681. col. 1 , 2. ●e●●a● dorob . act. pont. cantuar . p. 1653. 〈◊〉 . 5. relat. 〈◊〉 primi ad 〈◊〉 tractat . de 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 194. 〈◊〉 ti● . of honor , pag. 58● . ex car●●lario coenobii 〈◊〉 in bibliotheca c●tton . sub e●●igie 〈◊〉 , a. 3. provincia , 〈◊〉 . co 〈…〉 , 〈◊〉 ti● . of honor , pag. 2●● . 〈◊〉 . glo●● . ti● . provincia , pag. 4●● . parlia●●ntum synodus 〈◊〉 ●gn● 〈◊〉 , s 〈…〉 . 〈◊〉 . 〈◊〉 . 3. fol. 60. eadm●● 〈◊〉 vita 〈◊〉 . 2. sol . 13. l. 5. an. dom. 1187. 〈…〉 hoveden pars prior pag. 264. lin. 40. b. * 〈…〉 ruined 〈◊〉 〈◊〉 . 1. rot. parl. 1 〈◊〉 . 4. art. 1● . pultons stat. 20 e. 3. sol . 137. king james's first speech to his first parlialiament in england . pulton stat. 1 jacobi , cap. 2. sol . 1157. king charies the first 's declaration to all his loving subjects , published with the advice of his privy council . exact collectious of declara●ons , pag. 28 , 29. mat. par. a. d. 11●0 . pag. 55. l. 20. in 〈…〉 itio ne qui magnates , viz. comes , baro , miles , seu aliqua al● notabi●●s persona transeat ad partes transmarinas . ro● . c●aus . 3 e. 2. m. 1● . dor●o . sie igitur ist● . modo willi●●●o ●ortuo 〈…〉 rtas frater 〈◊〉 in 〈◊〉 contra inimicos fibi infestos in guerra sua occupatus est , in codem tempore i●te ro 〈…〉 s semper contrarius & adeo innaturalis extiterat baroni bus reg●● arglie quod plenario consensu & consilio totius communi 〈…〉 s r●g●● imposuerunt ei illegitimitatem quod non fuerat procreatus de legitimo th●r● willielmi conquestoris , unde unanimi assensu suo ipsum recutarunt & pro rege omnino recusaverunt & h●nricum fratren in regem 〈◊〉 . henr. de knighton , coll. 2374. cap. 8. l. 14. ll. guli●●●ni primi , lamb. sol . 175 , 176. hac etiam carta habeatur apud mat. pa●is . an. dom. 1118 , and 1213. carta modera●ioni . ●●odi magni si●●lli anno 〈◊〉 ●ahannis . ex vete●● registro in archivis . cantuar. archiepiscopi . rot. pat. 〈◊〉 h. 3. m. 12. cake 2. instir. sol . 79. rastals stat. 1 e. 3. ll. g 〈…〉 ni primi l●●● . sol . 175 , 176. camd. britanin 8. de ordin . angli . e , sol . 61. w●●● . malmesb. histor. novel , lib. 1. pag. 101. l. 15. b. hoveden pars posterior , pag. 282. l. 13. ms. vita tho●e archiepiscopi cant. in bibl. cotton . s●l●e●s titles of honor , fol. 585. carta moderationis seodi magni sigilli . mat. west●● . pag. 397. l. 57. rot. pat. 50 h. 3. m. 3. dorso . rastalls stat. pag. 12. mat. w●●●m . sol . 393. l. 1. d● h●ylins stumbling block , pag. 189. rot parl. 40 e. 3. n. 78. mat. 〈◊〉 . an. 1245. p. 191 , 197. malmisb . lib. 〈◊〉 . pag. 56. oratio regis henrici ad anglos . mat. paris in vita h. 1. pag. 62 , 63. inhibitio nèqui magnates , viz. comes , baro , miles , seualiqua alia notabilis persona transeat ad partes transmarinas . rot. claus. 3 e. 2. m. 16. dorso . notes for div a54633-e11110 rot. parl. 8 e. 2. n. 233. pro burgenses de san●●o a 〈…〉 . who sent burgesles to parliament 28 e. 1. 35 e. 1. 1 〈◊〉 . 2. 2 e. 2. 5 e. 2. p 〈…〉 's 4. part of parliamentary wri●s , pag. 〈◊〉 . those rolls lost , or destoyed . the statute of articuli cleri made the next year after this record cells us that there were divirsa parliamenta temporibus progenitorum suor●● regum ang●●● . coke 2. instit. 〈◊〉 . 618. respons . est per concilium . nota , rolls of summons to parliament , were extant this very parliament , rot. claus. 8 e. 2. m. 25. selden's titles of honor , fol. 604 , 605. it appears by the patent roll of 26 e. 3. that there were parliamenta , and summons to parliament , temporibus progenitorum , & ante annum 49 h. 3. rot. pat. 26 e. 3. pars 1. m. 23. rot. pat. 15 joh. pars 2. m. 2. in the antient subsidy rolls we often meet with the tenants in antient demesne in parliament , and giving subsidies , and it is the opinion of my lord hobart , sol . 48. that by continuance of time they were discontinued , and it may be one reason thereof was , that it was an ease granted them by the king in favour of their labour of the earth . vide rot. de 20. & 15 ed. 2. apud northampton , an. regni sui primo à laicis concessis . rot. de 15. burgorum regi e. 2. an . regni sui nono apud 〈◊〉 〈◊〉 . à laicis concessa . in custodia clerici pipae in sc●ccario remanen . rot. pat. 15 joh. pars 2. m. 1. inhibitio ne qui magnates , viz. comes , baro , miles , seu aliqua alia notabilis persona transeat ad partes transmarinas . rot. claus. 3 e. 2. m. 19. dorso . 1. negative . 2. affirmative . mat. paris an. 1214. pag. 249. l. 27. pau●●is evolutio di●bus congregantur apud londoniam archiepiscopi , episcopi , abbates , multarumque ecclesiarum praelati cum comitibus & baronibus totius regni ut negotia regni & ecclesiae pertractarent cum theobaldo cantuar. archiepiscopo apostolicae sedis legato , eidem concilio praesidente . mat. paris in vita rob. abb. s. albani an. dom. 1155. pag. 72. l. 26. selden's titles of honour , part 2. sol . 587. mr. 〈◊〉 animadversions on the lord cokes fourth inst. pag. 3. mr. paris anno 1213. pag. 236. an. regni ioh. 14. 〈◊〉 . parl. 〈◊〉 〈◊〉 . 3. n. 7 , 8. and with this agree the scottish laws . et idem rex scotiae dicit sicut prius quod de aliquo regnum s●●m contingente non est a 〈…〉 s nes potest hic respondere inconsultis probis hominibus regni nostri . placita parl. inter johannem regem scotiae & magdulphum . 21 e. 1. pag. 157. item ad rolorandum consederationem quondam initam inter ipsum fran●orum regem ex una parte & dictum johannem de balliolo ac praelatos & nihil●s & universitates & communitates civitatum & villarum dicti regni scotiae pro ipsis & eorum haeredibus & successoribus ex altera parte . ex rot. in turri london . prynn's 3. tom. of ecclesiastical jurisdiction , 28 e. 1. rot. pat. 15 johannis pars 2. m. 8. interdictum , quod vulgariter utlagatio nuncupatur . nam cum sub edwardo tertio in ordinum consessu quaestio habebatur de donatione illa decantatissima johannis regis sacta innocentio papae tertio & successoribus ejus , unde urbanus quintus tum annum inde natum mille marcarum angliae & hiberniae simul nomine censum sibi tunc solvi petehat , &c. ordines universi idque tam generis ●ieratici ( quod mirere ) quàm proceres seu senatus populusque in comitiis illis solenni inita deliberatione responderunt unanimes irritam plane fuisse johannis donationem illam utpote tam sine ordinum assensu quam juramento ejus inaugurali adversam . johannis seldeni ad fletam dissertatio . cap. 10. fol. 552. mat. paris . pag. 283 , 284. nomine baronagii angliae omnes quodammodo regni ordines continerentur . camd. britan . in 4. de ordin . angliae . fol. 61. ex chronico adam merimouth in bibliotheca cottoniana sub effigie cleopatrae . a. 16. p. 67 , 68. an. dom. 1300. 29 e. 1. rot. claus 3 e. 1. m. 9. in schedula . deliberationem habere cum praelatis & proceribus ( i. e. ) parliamento sine quorum communicato consilio sanctitati vestrae super praedictis non possumus respondere , & jurejurando in coronatione nostra praesiito sumus astricti quod jura regni nostri servabimus illibata , nec aliquid quod diadema tangat regni ejusdem absque ipsorum requisito consilio faciemus . mat. paris . pag. 325. l. 45. 9 h. 3. rot. claus. 23 e. 1. m. 3. dorso . 〈…〉 〈◊〉 . 〈…〉 rot. claus. pat. 32 h. 3. m. 13. dorso . rot. claus. 32 h. 3. m. 12. dorso . rex 〈◊〉 . 〈◊〉 ep 〈…〉 po , &c. in 〈…〉 o parliamento no 〈…〉 o quod suit 〈◊〉 . bracton lib. 2. cap. 16. fol. 37. rot. claus. 〈◊〉 h. 3. m. 13 , dorso . rot. p●● . 3● h. 〈◊〉 . m. 〈◊〉 . dorso . at this parliament was the dreadful sentence or curse published in the great 〈◊〉 it 〈◊〉 . by the clergy gainst the breakers of mag●● 〈◊〉 by consent of parliament . 〈…〉 tals st 〈…〉 15. rot. pat. ●2 h. 3. m. 3. n. 9. de inquisitionibus faciendis per singulos comitatus angliae . rot. pat. 42 h. 3. m. 4. henr. &c. saches que pur le profit de nostre rea●me & a la requeste de noz ha●s 〈◊〉 〈◊〉 ●omes e du comun de nostre reaume . rot. pat. 48. h. 3. pars unica m. 6. dorso . forma pacis inter regem & barones . rot. pat. 4● h. 3. m. 4. dorso . rastals stat. p. 987. stat. 3 & 4 e. 6. cap. 3. where in the parliament holden at m●rton in the 20 h. 3. rot. parl. 2 h. 5. p. 2. n. 10. nota. this memorable record amongst several others as remarkable , is entirely left out in the exact abridgment of the parliamwnt rolls , published under the name of sir robert cotton , by mr. pryn. 〈…〉 rot. parl. 22 e. 3. n. 30. pulton stat. rot. pat. 1 h. 3. m. 13. rex archiepiscopis , &c. militi●us & libere ten●ntib●s & omnibus fidelibus s 〈…〉 s per hibernia● , &c. quod in sig●●m fidelitatis ●estr● , &c. libertation regao no●tro angliae a 〈◊〉 vostro & no●is concessis de gratia nostra & dono in regno hiberniae ga●deatis , &c. sed non si● angliae stat●ta oriri possunt dum nedum principis voluntate sed & tot●●s r●gni ass 〈…〉 ipsa cond●●t●r . fortescue , cap. 8. pag. 40. bracton . lib. 1. cap. 1. fol. 1. inhibitio nè qui magnates , viz. com●s , bar● , miles , sea aliqua alia notabills persona transeat ad partes transmarinas . rot. claus. 3 e. 2. m. 16. dorso . kings vale royal of england , fol. 9 , 10 , 11. 〈◊〉 〈◊〉 which supp●●cation , though it be not that i know of upon record , yet i have seen very many copies thereof , and particularly i have a copy of it my 〈◊〉 which was written in the year mdlxxxxii . ex li 〈…〉 〈◊〉 the 〈◊〉 〈…〉 aring cestrensis baronet●i ad me m 〈…〉 , anno dom. 〈◊〉 . rot. parl. 51 e. 3. art . 46. le convocation n'ad ascun power a faire ascun chose a lier le temporaltie . 20 h. 6. 13. et issint le rule 44 e. 3. 19. ●t ●ray q' n●l 〈◊〉 oblige le poe●●e 〈◊〉 ; c●● q' est fait par cons●nt del poeple . davis rep. fol. 〈◊〉 . henr. de knighton de eventibus angliae lib. 3. pag. 2502. l. 24. an. dom. 1294. 22 e. 1. v 〈…〉 . coke 2. insi . fol. ●5 . 〈…〉 rot. pat. 51 h. 3. m. 16. pro ●●ce inter r●g●m & com. glouc. nota , 〈◊〉 earl of 〈…〉 wal , w●● elected king of h●ngary , or almain . ibidem . coke 2. instit. sol . 599. articuli c●●●i ex fragmenta . rot. parl. an. 51 h. 3. rot. pat. 54 h. 3. m. 7. intus . d● signo 〈…〉 . for all pa●●●ament ●●●ls of the time of h. 3. are l 〈…〉 〈◊〉 ▪ 〈…〉 me 〈◊〉 in the parl●●ment ●t o 〈…〉 , in 44. of the ●ame king , which i have heretofore used by the favour of an honoura●le p●rson that 〈…〉 . 〈◊〉 first part of 〈◊〉 writs , ●ol . 16● . 〈…〉 , sol . 33. p 〈…〉 's stat. 〈◊〉 . 1● , 18 , 2● , ●● , 43 , 44 , 46 , ●● , ●● , 71 , 73. vide the writs upon the statutes of 〈…〉 m. 1. 3 e. 1. glo●● . 6 e. 1. de mercatorio●s , 13 e. 1. de va●●o , 20 e. 1. declare they were made per commune concilium regni . coke 2. instit. sol . 156. all the antientest writs of summons of our temporal lords to great councils , being utterly lost through negligence , or perished through the rust or consumption of time , the very first writ of summons to them , and kalendar of their names , now remaining , is that of 49 h. 3. prynns register of parliamentary writs , part 1. sol . 160. ●●t to point out who they were ( viz. b 〈…〉 mai●res ) that had their first rise by writ of summons until 22 e. 1. and afterwards , pasteth my skill , there being no publick record that doth make mention of them till then , excepting that of 49 h. 3. d 〈…〉 pres ▪ to his ba 〈…〉 angliae , tom. 1. ex ms. 〈…〉 s honorabile● dominum bar. de hollis . pulton's stat. sol . 99. 25 e. 3. it is considered and declared by the whole body of this realm now represented by all the estates of the same assembled in this present parliament , that the kings highness , before almighty god , is bound as by the duty of a good christian prince , for the conservation and preservation of the good estate and common-wealth of this his realm , to do all that in him is , to obviate , repress , and redress the said abusions and exactions of annates , or first-fruits . apad capell . rotulor . rot. parl. 23 h. 8. n. 33. m r pry●n's preface to s● rob●rt cotton's abridgment of the records i● the tower. rot. pari. 1 〈◊〉 4. n. 8. 〈◊〉 richard 〈…〉 〈…〉 it rot 〈…〉 pa●●●am●nti 〈◊〉 〈◊〉 suo 〈◊〉 & d 〈…〉 i. lamberd archion . sol . 246. prynns truth triumphing over falshood , antiquity over novelty , sol . 69. parliamentum synodus magn● nun 〈…〉 r somneri gloss. cabala sol . 65. a 〈…〉 . 1621. 〈◊〉 〈◊〉 of the 〈◊〉 world. 〈…〉 . sir 〈◊〉 mor● 's works , sol . 296. willtelmus rastall s●rviens ad lige● constitatus jast●● . de 〈◊〉 . tesre rege apud 〈◊〉 . 2● octobr . 〈◊〉 . par. 〈◊〉 〈◊〉 61● & 〈◊〉 rot. pat. 〈◊〉 h. 〈◊〉 . 4. 〈◊〉 . 〈…〉 . inquisitio facta ad parliamentam de tristel dermond die mercurii proxima post festion sanctae trinitatis an. 48 h. 3. coram domino ricardo de rupella capitali justiciario hiberniae & co●am domino hugone de tachmone epi 〈…〉 po midensi tane t●●s●●rari● , &c. ex reg 〈…〉 architpi 〈…〉 dubliniensis . parliament in ireland , a● . 48 h. 3. ibid. 〈◊〉 . rot. pat. 5 e. 1. m. 13. rot. pat. 28 e. 1. m. 15. de 15 1 regi in hibernia con●essa taxand . inhibition ne qui mag●atis , videlicet comes , 〈◊〉 , milis , s●ali ●ua alia notabilis person● transeat a● partes transmarinas . rot claus. 3 e. 2. m. 16. 19. dorso . paul●s aemilius hist. franc. lib. 9. rot. parl. 9 h. 5. n. 14. pars 1 a. approbatio pacis inter r●gna angliae & franciae nuper conclusae . rot. parl. 11 h. 7. n. 40. in consimiliforma . the last of which , being the citizens and burgesses , appeared by their representatives or delegates . the portugal history . impress . an. 1677. pag. 279. p 〈…〉 in hi 〈…〉 th●anus hist. lib. 131. fol. 1108. tom. 〈◊〉 . regiam majestatem scotiae . apud eundem statuta wilhelmi regis , pag. 3. cap. 7. 〈◊〉 statut● alexandri 〈…〉 , pag. 2● . 〈◊〉 . 2. r●● . 〈◊〉 . 〈◊〉 〈◊〉 2. 〈◊〉 . 2. 〈◊〉 〈◊〉 exon. wor 〈…〉 hunt. 〈◊〉 . &c. ex 〈◊〉 in ●●●ri london . 28 e. 1. 〈◊〉 〈◊〉 〈◊〉 . lib. 1. cap. 1. 〈…〉 . 〈◊〉 〈◊〉 〈◊〉 spi●●●● . ●od . de 〈◊〉 . lib. 1. cap. 3. objection . eum ●go pl●b●i●m vo●● , qu●m leges nostrae ●ominem leg●●●m appellant , saith a learned man , a lawyer and privy councellor to the famous queen . t●● . s 〈…〉 de rep●● . a 〈…〉 . 1. cap. 23. fol. 43. di p 〈…〉 s. and the archbishops question to the king in the coronation oath runs , si liges & cons 〈…〉 s ab antiquis justis & deo devotis regibus p●●bi anglorum 〈…〉 as . t 〈…〉 i mag●a charta , fol. 164. answer . r 〈…〉 s stat. pag. 135 ●●p . 3. ibid. pag. 156. reges antiqui cùm in chartis mentionem saciant de baronibus , saepe subjungunt , possessivum meis vel nostris , id est regios barones sic distinguant à baronibus , episcoporum , comitum , abbatum , &c. spelm. gloss. tit. baro fol. 69. anno 3 h. 3. fitz-herbert abridgment . tit. prescription 56. fol. 102. rot. claus. 24 h. 3. m. 10. pro hawisia quae fuit uxor johannis filii alani . glanvile lib. 8. cap. 11. et hoc debet dominus rex de jure baronibus suis , scilicet quod ob talem causam possunt sui barones curias suas sic in curiam suam ponere . 1. observation . coke 2. instit. fol. 539. articuli super chartas , cap. 1. note , before 9 h. 3. magna charta was granted and confirmed several times . rot. pat. 1 h. 3. n. 13. rot. claus. 2 h. 3. m. 11. dorso . of which last there are several antient transcripts . ms. penes praenobilem will. pierpont . ms. penes sam. baldwin militem servientem domini regis ad legem . ms. penes johannem cook gen . de interiore templo . ms. penes meipsum . 3 h. 3. hist. ecclesiae angl. apud foxum vol. 1. pag. 335. ex ms. domini scales . rot. pat. 3 h. 3. m. 6. rot. pat. 48 h. 3. pars 1. m. 8. dorso n. 10. cok● 2. instit. fol. 156. rastall's stat. 12 e. 2. sol . 59. statutum de asportatis religiosorum , 35 e. 1. placita parl. sol . 314. coke 2. instit. fol. 580. rot. de xx 1 〈◊〉 xv 1. regi ed. se●●●do apud westm. à ●●lcis concess . ann . regni sui octavo , apud clericum pipae . ibidem consimile anno septimo . consimile anno nono . communitas comitatuum . placita parl. pag. 416 , 417. rex &c. quia ex querela multorum intelleximus , quod nonnulli magnates , cives & burgenses & alii in libertatibus suis à progenitoribus nostris regibus angliae & nobis eis concessis easdem libertates frequenter excedunt , & sub velami●● libertatum illarum pluribus dampna non modica de die in diem infer●nt . rot. claus. 2 e. 1. m. 3. de libertatibus in manu regis re●inend . ex veteri libro statutorum in lingua gallica penes meipsum . nota , the ordinances of the staple were made by a great council , but confirmed and made a statute in the parliament , 28 e. 3. cap. 13. ex bundell . pet. parl. 8. r. 2. n. 1 , 2. rot. parl. 25 e. 3. n. 69. nobilitas 〈…〉 t d●●lex , superior & inferior . c 〈…〉 2. instit. sol . 583. nobiles minores sunt e 〈…〉 it es sive milites , armigeri & qui 〈◊〉 〈◊〉 & gentlemen 〈◊〉 . camd. brit. sol . 123. mills de nobilitate politica & civili , ●ol . 42 , 43. nobilitas causatur ex lo●o , quoniam ci●is ●x 〈◊〉 ●plendida ori●●●us nobilis est . chassene●s c●ralogus gloriae mundi , pars 8. consid . 18. causatur etiam ex cl 〈…〉 ra , ●o quod quis est 〈◊〉 〈…〉 icitur nobili● . ib. consid. 26. pr 〈…〉 ●p●os urbi●m , vicorum & c●stillorum magistratus p●i●a●●s ●●isse dictos . camd. brit. ●ol . 602. 〈…〉 rot. pat. 17 joh. m. 17. dor . rot. claus. 17 joh. m. dorso . rot. claus. 17 joh. m. 23. dorso . mat. paris . a. dom. 1215. pag. 255. l. 39. mat. paris . pag. 255. mat. westm. p. 273. l. 48. claus. 28 h. 3. pars u 〈…〉 , m. 12. dorso . i●id●m . mat. paris . p. 920. l. 32. 40 h. 3. rot. parl. 15 e. 3. n. 50. dorso . pulton's stat. 15 e. 3. cap. 1. pag. 81. mat. paris . an. 1253. 37 h. 3. ●ol . 865. l. 43. mat. westm. fol. 302. 〈◊〉 58. fleta lib. 2. cap. 42. d● 〈…〉 tia 〈◊〉 statutum . fol. 93. rot. pat. 3● h. 3. m. 12. dorso . ex chro 〈…〉 ms. in bibliotheca ●odleiana inter co 〈…〉 s willielmi a 〈…〉 iscopi cantuar. 4. k. 84. mat. paris . f●● . 970. mat. paris . pag. 970. l. 45 , 53. an . 42 h. 3. nota , king john swore to observe magna charta , and the barons did him homage . rot. pat. 17 joh. pars unica ●n . 23. n. 3. rot. parl. 12 e. 4. n. r 〈…〉 s stat. 12 e. 4. cap. 7. 〈…〉 . rot. parl. 15 e. 3. n. 10. 37. rast. stat. 1 e. 3. pag. 64 , 65. pupilla oc●li , fol. 50. cap. 22. de sen●entia lata super magnam chartam . observation 3. camd. britan. sol . 121. selden's titles of honor , in 4 ●● . parte 2 ●● . fol. ●73 . spelm. gloss. tit. de aldermanis , & multipl●ci magistrata apud anglo-saxonis , sol . 24 , 25. n●●●●t cantii comites suo ordine percenseam ( omissis saxonibus godwino & aliis ) qul non haereditarii sed officiarii comites erant . camd. britan. cantium , fol. 248. spelm. gloss. diatriba de baronibus , fol. 64 , 69 , 70 , 71. spelm. gloss. in 〈◊〉 baron●s , fol. 69 , 70. ibidem . barouiae plurimae in northumbria , tumque omnino marti se quasi consecrarunt , non est inter cos quispiam melioris notae qui suam turriculam aut munimentum non habeat , & in quamplurimas baronias divisa suit quarum domini olim ante edwardi primi tempora barones vulgo dicti . camd. britan. in sol . 658. johannis seldeni ad eadmerum & notis & spi●●leg . fol. 168. camd. britan. in 8. di ordin . angliae , fol. 61. t●●inorum enim d●o ●rant genera , majores quos theinos regis appellabant , nos barones regis & theini simpliciter seu theini minores , qui iidem ●rant qui barones minores & non●unquam libere tenentes nuncupantm . spelm. gloss. p. 24● . ms. vetus in bibliothica cotton . sub effigie cleopatrae charactere contempora●●o . litterae ad concilium . mat. paris . histor . an. dom. 1245. pag. 659. l. 10. mat. paris . an. eodem , p. 666. l. 51. ypodigma n●ustriae , p. 466. ex ms. praenotat● . litterae uni 〈…〉 an 〈…〉 〈◊〉 papam . mat. paris . p. 700. l. 51. an . 3● h. 3. edwardus , &c. 〈◊〉 . ebor. &c. o 〈…〉 ns . 〈◊〉 c●m ad parliament● i● quib●s tam n 〈…〉 i 〈◊〉 regni nostri negotia di●●nt 〈◊〉 , 〈◊〉 , comites , barones , & alios tam clericos quam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 negotia hujusmodi consilium salubr●●s poterit 〈◊〉 . brevia regis de an . 9 e. 2. in turri london . mat. paris . ●98 . l. 〈◊〉 . an. d 〈…〉 . 1246. rot. claus. 29 h. 3. in . 8. dorso . nota the various appellations and phrases of these two parliaments . barones , 〈…〉 lites , & u 〈…〉 sitas baronagii regni angliae . tota universitas regni . magnates & universitas regni . totius regni magnates . universitas baronagii angliae . barones , proceres & magnates 〈◊〉 nobiles portuum maris habitatores , nec non clerus & populus universus . par 〈…〉 t. mat. westm. an. dom. 1301. p. 439. l. 2. re 〈…〉 regis archiepiscopo cant. ad literas apostolicas . mat. 〈◊〉 . a. d. 1302. 29 e. 1. p. 4●3 . l 4● . 〈…〉 walsmgham in vita e. 3. 〈…〉 ol . 16● . l. 22. a 〈…〉 fo 〈…〉 m 〈…〉 vo● . 〈◊〉 . p. 5 1. rot. parl. 〈◊〉 〈…〉 . 〈…〉 〈…〉 notes for div a54633-e32480 objection . solution . distinction . distinction . 1. distinction . 〈◊〉 . 〈…〉 〈◊〉 . rot. cart. 5. johannis m. 〈◊〉 . n. 33. rot. claus. 6. johannis m. 3. 〈◊〉 ne q●● magnates , viz. c●mes 〈◊〉 miles s●u aliqua alia notabilis pers●na transeat ad partes transmarinas , rot. claus. 3 e. 2. m. 16. 19. dorso . rot. pat. 6. johannis m. 7. dorso . rot. pat. 6. johannis m. 〈◊〉 . dorso . rot. pa. 8 & 9 〈◊〉 n. 2. 〈…〉 〈…〉 . rot. pat. 17 johannis m. 〈◊〉 . 〈◊〉 . 〈◊〉 gloss. 〈◊〉 〈◊〉 〈◊〉 . mat. westm. anno 1215. 17 johannis . m. s. penes dominum samuelem baldwin ser●ientem domini regis ad legem . m. s. p 〈…〉 s johannes cook gener●sum de interiori templo . m. s. statutorum penes meip●m . rot. claus. 2 h. 3. m. 11. derso . mat. paris pag. 323. l. 9. anno ●om . 1225. parones angliae concesserunt regi henrico 15. partem omnium mobilium & cattallorum totius angliae pro libertatious s 〈…〉 s rex ●channes pater eis concesserat & charta confoma●erat apud runemed , 〈◊〉 m. s. radi cogg 〈…〉 . nota. anno 1225. 9 h. 3. rex henricus dedit & co 〈…〉 it hominibus de regno angliae libertates & liber●s c●●s●et●dines sicut 〈◊〉 in ●●●bus antiquis & fecit ●is i●de chartas duas 〈◊〉 de libertatibus & liberis consuetudi●ibus regni aliam de libertatibus forestae p●o ha● donatione & co 〈…〉 one dederunt regi 〈…〉 decimum denarium per 〈◊〉 angliam . ●x 〈◊〉 chronico , 〈◊〉 . s. 〈◊〉 bibliotheca dodleiana inter codices will. archiep. can●●ar . 〈◊〉 〈◊〉 . 84. rot. statur . 25 e. 1. m. 38. co●● 2. instit. c. 38. fol. 76. rex h. 3. exigit ab huberto de burgo quod ei respondeat de co●lectione totius quintaedeci 〈…〉 q●● per commune concilium totius regni 〈◊〉 & 〈◊〉 〈◊〉 in d●pos●to . mat. par●s addit . pag. 150. l. ●8 . all the ancient writs upon magna charta say , that it was made per commune conci 〈…〉 〈◊〉 . inter communi● de termino s. hillary 17 e. 3. recorda penes rememoratorem domini regis in scaccario . warr. de priere de coventr . attach . pro transgressione . bracton , 〈◊〉 cap. 1● . sol . 〈◊〉 . rex angliae neque per se aut ministros suos subsidia , aut alia quaevis onera imponit ligeis suis si●e assensu toti●s regni sui in parliamento suo expresso . fortescue de la●dibus legum angliae , cap. 36. pa. 84. 〈◊〉 〈◊〉 . & a 〈…〉 inistratione arglorum , tho. smith , 〈◊〉 . 2. cap. 2. 〈◊〉 . 50. 51. it 〈◊〉 were needful , i could give numbers of records , that prove the 〈◊〉 tention of s●●h prescription high 〈…〉 . p 〈…〉 〈◊〉 . 〈◊〉 t 〈…〉 in s 〈…〉 〈◊〉 . carta regis 〈…〉 t. nota , the parties of the witena-gemot or parl. fide●es , i. e. oies qui in principis alicujus ditione spnt vulgo sub●ecti , spel. gloss. 223. nota , here we find that the knights were in the saxon and dani●h commune comitum , or parliament in king ●nuts reign , hen. primus rex , eadmeri historiae novorum , lib. 5. pa. 111. 〈◊〉 . 〈◊〉 . henricus primus rex . eadmeri hi●● . novorum , ●●b . 5. pa. 131. alexander the 〈◊〉 . 〈◊〉 the various 〈◊〉 of the general councll ●o parliament of 〈…〉 〈◊〉 〈◊〉 〈◊〉 , co● . 99. 〈◊〉 〈◊〉 〈◊〉 1103. 〈◊〉 . hen. 〈◊〉 rot. par. 40 e. 3. n. 7. 8. quod omnes tangit ab omnibus approbatur . vide argument the 8th , pa. 28. usque ad sinem . rot. pat. 15. johannis pars 2. m. 2. rot. claus. 15. johannis m. 1. rot. pat. 17 j●hannis m. 16. rex mittit domino papae pro auxilio adversus baronis angliae . pat. 17 johannis m. 15. dorse . rex scribit pape ut su●●urrat 〈◊〉 q●oniam 〈◊〉 & singulare praesidium suum post deum habuit in papa . rot. pat. 37 h. 3. m. 12. dorso . vide pa. 35. 101 , 102. se● p● . 〈◊〉 . 101 , 1 〈…〉 . collo 〈…〉 〈◊〉 parliamento , spell . gloss. 137. rot. pat. vascon . 37 & 38 h. 3. m. 4. n. 21. de magnae carta tenenda . rot. pat. 38 h. 3. m. 4. hiberniae . vide the ninth argument , pa. 72. 73. ibidem . hiberniae ? rot. pat. 42 h. 3. m. 10. pro rege & barnagio angliae . nota , the different denominations of the parliament or common council of this year . 1. proc●res & fideles regni . 2. baronagium angliae . 3. parliamentum , rot. pat. 42 h. 3. m. 3. n. 9. 4. haus homes c prodes homes e comune de reaume . rot. pat. 42 h. 3. m. 4. vide pa. 35. rot. pat. 51 h. 3. m. 16 de pace inter regem & r. comitem glouc. nota. in those ancient times pardons by parliament , wherein the commons gave their counsel and assent , were thought safe and requisite . ibidem . rot. pat. 7 e. 2. pars 1. m. 9. quod nullus imprisonetur &c. pro morte petri de gaveston . purve● est & grante per nos & per ercevesques , evesques , abbes , priors , countes , barons , & per tote la comunalty de nostre roialme a nostre parlement &c. uniment assentuz est & accordez that all that had a hand in the death of pierce gaveston should be pardoned . ro. pat. 12 e. 2. m. 17. de perdon . pro com. lanc ' . the king in parliament pardoned the earl of lancaster . consentientibus praelatis proceribus & communitate regni ibidem congregatis . rot. pat. 1 e. 3. m. 8. andrew de hethford , who was a principal citizen of london , and a villanous instrument of the two spincers in e. 2. time , was de assensu praelatorum comitum & totius communitatis regni in parliamento , pardoned all homicides , robberies , burglaries , fellonies , appeals , &c. rot. pat. 1 e. 3. m. 23. de perdonatione pro communitate civitatis london . de assensu praelat . com. bar. & totius communitatis regni pro homicidiis rebell . &c. ad sectam regis , & de appellis per quoscunque illatis . penes rememorator domini toes . in sacco . anglia de auxilio concesso ed miliciam sil regis . anno 34 e. 1. consil ' intracio de codem termino penes rememorator . regis in sacc . rot. 40. vide pa. 94. not● . bar. quinque port●●m . nota. not the concilium here meant , was all the great officers of state , the judges and others the kings learned council in parliament . nota , in the ensuing record the milites commitatuum , and barones quinque porcuum are comprehended under the words magnates regni . inter comm●●ia brevia ae termino s. michaelis anno 34 e. 1. penes rememorator . domini thesaurarii in scacca●io . nota , in the former record praelati , comites , barones , & alii magnates , neonon milites . commitat●um granted a joint aid to the king , and here it is said , that the praelati & c●teri magnates regni gave it , so as the knights of the counties , and barons of the cinque ports are comprehe●ded under the name mag●ate● . penes rememorator . domini regis in scacc ' . warr. de priore de coventr . attach . pro transgressione . vide pa. 34. 〈◊〉 〈◊〉 jani anglorum facies nova, or, several monuments of antiquity touching the great councils of the kingdom and the court of the kings immediate tenants and officers from the first of william the first, to the forty ninth of henry the third, reviv'd and clear'd : wherein the sense of the common-council of the kingdom mentioned in king john's charter, and of the laws ecclesiastical, or civil, concerning clergy-men's voting in capital cases is submitted to the judgement of the learned. atwood, william, d. 1705? 1680 approx. 277 kb of xml-encoded text transcribed from 87 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a26172 wing a4174 estc r37043 16187699 ocm 16187699 105035 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a26172) transcribed from: (early english books online ; image set 105035) images scanned from microfilm: (early english books, 1641-1700 ; 1085:3) jani anglorum facies nova, or, several monuments of antiquity touching the great councils of the kingdom and the court of the kings immediate tenants and officers from the first of william the first, to the forty ninth of henry the third, reviv'd and clear'd : wherein the sense of the common-council of the kingdom mentioned in king john's charter, and of the laws ecclesiastical, or civil, concerning clergy-men's voting in capital cases is submitted to the judgement of the learned. atwood, william, d. 1705? [2], 266 [i.e. 166], [4] p. printed for thomas basset ..., london : 1680. attributed to atwood by wing and nuc pre-1956 imprints. errata: p. [1] at end. advertisements: p. [3]-[4] at end. errors in paging: p. 69-184 omitted, p. 233-248 repeated, both in numbering only. reproduction of original in the huntington library. includes bibliographical references. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament -history. feudal law -england. bishops -england -temporal power. constitutional history. 2006-03 tcp assigned for keying and markup 2006-03 aptara keyed and coded from proquest page images 2006-04 judith siefring sampled and proofread 2006-04 judith siefring text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion jani anglorum facies nova : or , several monuments of antiquity touching the great councils of the kingdom , and the court of the kings immediate tenants and officers , from the first of william the first , to the forty ninth of henry the third , reviv'd and and clear'd . wherein , the sense of the common-council of the kingdom mentioned in king john's charter ; and of the laws ecclesiastical , or civil , concerning clergy-men's voting in capital cases is submitted to the judgement of the learned . decipimur specie recti — hor. london , printed for thomas basset at the george near st. dunstan's church in fleet-street . 1680. jani anglorum facies nova . that king john's charter exhibits the full form of our english great and most general councils in those days ; if i may fay so , is the vulgar error of our learned men ; and 't is that which hath given the only prejudice to the pains of the judicious mr. petyt , who , i must fay , has laid the foundation , and sure rule of understanding the ancient records and histories , which mention the great or general councils , in his distinctions between the curia regis , and commune , or generale concilium regni , barones regis , and barones regni , and the servitia which were paid , or performed by reason of tenure : and those common prestations , which bracton mentions , sunt etiam quaedam communes praestationes quae servitia non dicuntur , nec de consuetudine veniunt , nisi cum necessitas intervenerit , vel cum rex venerit , sicut sunt hidagia , corragia , carvagia , & alia plura de necessitate & consensu communi totius regni introducta : which are not called services , nor come from custom , but are only in case of necessity , or when the king meets his people ; as hidage , corrage , and carvage , and many other things brought in by necessity , and by the common consent of the whole kingdom . this i must observe upon the differences here taken , that 't is not necessary to the maintaining a real difference , to insist upon it , that none of these words were ever used to signifie what is the natural signification of the other : for example , barones and milites , are sufficiently distinct in their sence ; and yet when but one of the words is used , either of them may , and often does take in the other : but when barones , milites , &c. are set together , the barones are a rank of men superiour to the ordinary milites ; 't is enough to prove that the differences above mentioned are rightly taken , if according to the subject matter , and circumstances , we can clearly divide the one from the other . now let us see the words of the charter , and observe whether they are meant of all general or common councils for making of laws , and voluntary gifts to the crown , or only of such as concern'd the king's immediate tenants . nullum scutagium vel auxilium ponam in regno nostro , nisi per commune consilium regni nostri , nisi ad corpus nostrum redimendum , & ad primogenitum filium nostrum militem faciendum , & ad primogenitam filiam nostram semel maritandam , & ad hoc non fiet nisi rationabile auxilium . simili modo fiat de civitate londinensi . et civitas londinensis habeat omnes antiquas libertates , & liberas consuetudines suas , tam per terras , quam per aquas : praeterea , volumus & concedimus quod omnes aliae civitates , & burgi , & villae , & barones de quinque portubus , & omnes portus , habeant omnes libertates , & liberas consuetudiues suas , & ad habendum commune consilium regni , aliter quam in tribus casibus praedictis here the london edition of matthew paris , and that at tours make a period distinct from what follows , and then the sense is , that except in those three cases , wherein the king might take aid or escuage at the common law , without the consent of a common council , for all other aids , or escuage , a common council should be held ; and the city of london , all cities , burroughs , parishes , or townships ; that is , the villani their inhabitants , the barons , or free-men of the five ports , and all ports should amongst other free customs , enjoy their right of being of , or constituting the common council of the kingdom . but so much is certain , that if these , or any besides the tenants in capite came before this charter , and were at the making of it , their right is preserved to them by it , and is confirmed by the charter of hen. 3. cap. 9. civitas lond. habeat omnes libertates antiquas , & consuetudines suas : preterea volumus & concedimus , quod omnes aliae civitates , burgi , villae , & barones de quinque portibus , & emnes alii portus habeant omnes libertates , & liberas consuetudines suas . and for an evidence of what was their custom and right , as to the great council of the kingdom : both these charters were made to , and in the presence of all the clergy , counts , barons , and free-men of the kingdom . king johns ( as mr. selden tells us he conceives ) was made by the king , and his barones & liberos homines totius regni , as other particulars were of the same time . but the record which he cites in the margent puts it out of all doubt , that the charter was made by them all . haec est conventio inter dominum johannem , regem angliae ex unâ parte , & robertum filium walteri marescallum dei & sanctae ecclesiae angliae , & ric. com. de clare , &c. & alios comites , & barones & liberos homines totius regni ex alterâ parte . and in another record it is said to be , inter nos & barones & liberos homines dominii nostri : so that the liberi homines of the kingdom were present ; and who were at the making of the great charter of hen. 3. which has been so many times confirmed , it acquaints us at the end . pro hac autem donatione & concessione libertatum , & aliarum libertatum in cartâ de libertatibus forestae , arch. ep. ab. pr. comites , barones , milites , liberè tenentes & omnes de regno nostro dederunt nobis quinto-decimam partem omnium mobilum suorum . the charter here mentioned of the forest had been granted in the second of hen. 3. as was the great charter ; the parties to the grant of a subsidy are the very same : archiepiscopi , episcopi , abbates , priores , comites , barones , milites & liberè tenentes , & omnes de regno . not to produce here the proof of such general assemblies from the conquest downwards to the 49 h. 3. i may say upon what i have already shown , that this interpretation of king john's charter , whereby the tenants in capite are divided from the rest , and made a common council for escuage only , agrees better with the records and histories , than the notion , that they alone compos'd the whole council of the kingdom , which can never be proved . but i will take the words together , even as they who are fond of the conjecture of their being the full representative body of the nation would have it . et ad habendum commune consilium regni de auxiliis assidendis , aliter quam in tribus casibus praedictis , & de scutagiis assidendis submoneri faciemus arch. ep. ab. & majores barones regni singillatim per literas nostras . et praeterea faciemus submoneri in generali per vicecomites & ballivos nostros omnes alios qui in capite tenent de nobis ad certum diem , scilicet ad terminum quadragint . dierum ad minus , & ad certum locum in omnibus litteris submonitionis causam submonitionis illius exponemus , & sic factâ submonitione negotium procedat ad diem assignatum , secundum consilium eorum qui praesentes fuerint , quamvis non omnes submoniti venerint . here was i grant the form of a common council of the kingdom , to the purposes here named , which are for aid and escuage : the aid i say , and shall show , was from those tenants which held of the king in comon socage , such as held geldable , or talliable lands , the escuage concern'd the tenants by knights service , but both concern'd only the king's tenants in chief , which appears in the very confining the summons to the majores barones regni , and others which held of the king in capite . whereas ( 1 ) there were majores barones , who held not by any feudal tenure , that were not oblig'd to attend at the kings ordinary courts , and they , with them that were under their jurisdictions , had their common councils apart , though all might meet at general councils : so that what was a common council of the kingdom to this purpose , was not so indefinitely to all . 2. there were others who were oblig'd , or had right to be of the common council of the kingdom , though not upon the accounts mentioned in this charter . 1. the norman prince , to the encouragement of those great men that adventured for his glory , made some of them as little kings , and gave them the regal government of several counties , in which they with the great men thereof , and the liberè tenentes freeholders , made laws for the benefit of their inheritances , and the maintaining the peace ; and that of chester in particular was given to hugh lupus tenendum sibi & haered . ita verè ad gladium , sicut ipse rex tenebat angliam ad coronam : so that he wanted nothing but a crown to make him king. in a charter of count hugh's , of the foundation of the monastery of st. werburg , he says : ego comes hugo , & mei barones confirmavimus . and one of his successors grants to his barons , quod unusquisque eorum curiam suam habeat liberam de omnibus placitis ad gladium meum pertinentibus . and at the coronation of h. 3. which was after this charter , earl john , another of william's successors , carried st. edward's sword before the king , as matthew paris tells us , for a sign , that he had of right a very extraordinary power : comite cestriae gladium sancti edwardi qui curtein dicitur ante regem bajulante , in signum quod comes est palatinus , & regem si oberret habeat de jure potestatem cohibendi , &c. though this was the chief count palatine , yet others had their separate councils , where they made laws . william fitz-osborn was made earl of hereford under william the first , of whom william of malmsbury says ; manet in hunc diem in comitatu ejus apud herefordum legunm quas statuit inconcussa firmitas , ut null●s miles pro qualicunque commisso plus septem solidis , cum in aliis provinciis ob parvam occasi inculam in transgressione praecepti herilis , viginti vel viginti quinque pendantur . of the same nature are examples in the constitutions of the old earls of cornwal , and the like . to return to the county palatine of chester , its count was not tent. in capite with the restrictions above taken , viz. subject to the feudal law , and obliged to attend once at the courts as other tenants , and yet at the general councils he was present . therefore this council mention'd in king john's charter , where none but tenants in capite ( obliged to the ordinary incidents of such tenure ) were , was no general council of the whole kingdom , as our modern authors would have , though it were for the matters of ordinary tenure , all that were concern'd being at it . in the year 1232. king hen. 3. held his curia or court at winchester , at christmas , which was one of the court days , or rather times of meeting ; for it often held several days ; and therefore when that at tewksbury , in king johns reign , held but a day , it is specially taken notice of . soon after king henry's christmas court , he summons all the magnates of england ad colloquium ; when they meet , because he was greatly in debt by reason of his wars ; he demands , auxilium ab omnibus generaliter . quo audito comes cestriae ranulphus pro magnatibus regni loquens respondit , quod comites barones ac milites qui de eo tenebant in capite cum ipso erant corporaliter praesentes , & pecuniam suam ita inaniter effuderunt , quod inde pauperes omnes recesserunt , unde regi de jure auxilium non debebant , et sic petitâ licentiâ omnes recesserunt . here was the earl of chester , this being a summons to a general assembly ; but when the king asked money for his expences in the wars , he tells him in the name of all the laity , that those which held of him in capite ( which is as much as to say he was none of them ) served him in their persons , and at their own charge ; therefore they beg'd leave to be gone , if the king had no other business with them , for no aid was due : so that it seems they look'd upon auxilium to be something in lieu of the service which the kings tenant was to perform . that this concern'd the kings tenants in capite by k t s . service , and no others ( except the inferior talliable tenants ; ) & they that were then assembled , being the great council of the kingdom , took upon them to umpire between the king and his tenants , and to tell him that he had no pretence for aid from them , for they had perform'd their services due . if only tenants in chief , by knights service , are here intended by tenants in capite , they only most commonly attending the king in person , though sometimes all tenants whatever , were required to attend ; and so in king john's charter , the summons be taken , to be only of such tenants in chief , then the aid there is meant only of such as comes from them ; but that takes not in all that are within the meaning of king john's charter , it adding simili modo fiat de civit. lond. which paid a socage aid as i shall shew : but for chester , even at those times when aids were granted by more than the king's tenants , the earls , barons , and freeholders of chester gave by themselves . prince edward , afterward king edward the first , was in the 44th of h. 3. count palat. of chester , and he had his common council there , wherein he consulted for the good of his palatinate apart , from the great council of the nation : barones & milites cestrenses & quamplures alii ad sum . domini edw. coram ipso domino edw. apud shorswick , super statum terr . illius domini edw. consul . & propon . quae hab . proponenda . nay so careful were they that the kings feudal jurisdiction should not interfere with the earls or other lords there , that they insisted upon it as their prerogative , so say many records , that if one held by knights service of the king , and of any lord within the palatinate also , the heir should be in ward to the lord there , not to the king ; and so by consequence of the other incidents and attendance at the kings courts ; so that those of the county of chester , could be no part of this common council , which therefore was not general . in an inquisition taken 22 edw. 1. dicunt quod a tempore quo non extat memoria , tam temporibus comitum cestr . quam temporibus regis hen. patris domini regis qui nunc est , ac tempore ipsius domini edw. regis nunc secundum consuetudinem per quandam praerogativam hactenus in com. cestr . optentam & ufitatam domini feodorum in com. praedict . post mortem tenentium suorum custodiam terrarum & tenement . quae de eis tenentur per servitium militare usque ad legit . aetat , haered . hususm . ten . licet iidem tenentes alias terr . & ten . in com. praed . vel alibi de domino rege tenuerunt in capite semper huc usque habuerunt , & habere consueverunt , &c. king edward the first , sends arch. ep. ab. pri. com. bar mil. & omnibus aliis fidelibus suis de com. cestriae , and desires them that since the prelati , comites , barones & alii de regno , which one would think took in the whole kingdom , had given him the fifteenth part of their moveables , they would do the like , and we find a record of their giving a part from the rest of the kingdom . cum probi homines & communitas comitatus cestriae sicut caeteri de regno nostro 15 m. omnium bonorum suorum nobis concesserunt gratiosè . so that these were then no part of the commune concilium regni within this charter , and no man can shew that they were divided since the time of william the first . 2. there were others who were obliged , or had right to be of the common-council of the kingdom , though not upon the accounts mentioned in this charter ; which if it appear , then this was not the only common council of the kingdom , or the full form of it , because there were common councils wherein were other things treated of , and other persons present . for this it is very observable , there is nothing but aid and escuage mentioned , nothing of advice or authority given in the making of laws , which were ever enacted with great solemnity , and all the proprietors even of palatinate counties were present in person or legal representation , when ever a general or universal law was made that bound the kingdom . but to wave this at present , i shall give one instance from records , that others were to come or had right , besides they that came upon the account of tenure as here mentioned . the pope writes to king hen. 3. in behalf of some of his great men , who had complained to the pope that he had excluded them from his councils . the king answers that they had withdrawn themselves , and that falcatius de brent the chief of them , was by the advice of the magnates totius regni , all the great men of the kingdom , called and admonished to receive the judgment of the king's court , according to the law of the land. cum aliâs teneatur ratione possessionum magnarum , & officii maximi quod habuit in curiâ nostrâ , ad nos in consiliis nostris venire non vocatus . although besides the obligation to obey the king's summons , he was bound by reason of great possessions , and a very considerable place at court to come to the king's councils , though not called ; that is , when ever it was known that a council was to meet , which might have been done by an indiction of an assembly without sending to any body . this shews very plainly that there were others to come to the great councils , besides those that were to come to those common councils , and other occasions for meeting ; for confine it to the persons and causes here specified they were to have summons , the majores special , the minores general by the sheriffs , and 40 days notice ; whereas the king said , and could not be ignorant of king john's charter , which was but 10 years before , that falcatius was to come without summons . but there is a further irrefragable argument in the negative , viz. that this commune consilium regni , was not the great council of the nation : and that is the judgment of a whole parliament in the fortieth of edw. the third , above three hundred years ago , when 't is probable that they had as clear a knowledge of the laws , customs , and publick acts in king john's time , as we have of what past in the reign of henry the eighth . it appears by the history that king john had resigned his crown in such a council as this here , it was communi consilio baronum nostrorum and yet the prelats , dukes , counts , barons and commons , upon full deliberation in parliament , resolve that the resignation was void , being contrary to the king's oath , in that 't was sanz leurassent , without their assent : and the king could not bring the realm in subjection , sanz assent de eux . if it had been in the great council of the kingdom , though it was not possible for the parties then at council to have been assenting personally to king john's resignation ; yet they had assented by a natural as well as legal representative , as has been long since shewn by the judicious mr. hooker . to be commanded we do consent , when the society whereof we are part , hath at any time before consented without revoking the same afterwards by the like universal agreement : wherefore as any man's deed past is good as long as himself continueth ; so the act of a publick society of men done five hundred years past sithence standeth as theirs , who presently are of the same societies , because corporations are immortal . that king john resigned his crown , without a parliamentary consent , is to be taken for granted after this solemn determination ; the only question is , whether 't was with the consent of his curia , or such a commune consilium regni , as his charter sets forth . the king had summoned his military council to dover , in the 14 of his reign , as in the third he had to portsmouth ; they which were summoned to the last are specified under the denominations of comites , barones & omnes qui militare servitium ei debebant , this was to have them pass the seas with him , and they that stay'd at home , gave him escuage . veniente autem die statuto , multi impetratâ licentiâ dant regi de quolibet scuto duas marcas argenti . here was a military council , and a military aid given ; they that were with him at dover are not particularly described by matthew paris , but he tells us , convenerunt rex anglorum , & pandulphus cum proceribus regni apud domum militum , templi juxta doveram 15. die maii , ubi idem rex juxta quod romae fierat sententiatum , resignavit coronam suam cum regnis angliae , &c. this was communi consilio baronum nostrorum , as matt. paris and knyghton render the charter . as matt. westminster ad optimum consilium baronum nostrorum , the last gives us the form of the summons which shews who were the commune consilium regni here , the proceres regni mention'd in matt. paris . omnes suae ditionis homines , viz. duces , comites & barones , milites & servientes cum equis & armis : so that here was a military summons to them that ought to come , because of services , which is explained by the summons to dover , which was to omnes qui militare servitium ei debebant , if he thought all were bound to that service , and summoned all , still the parliaments judgment satisfies us , either that the rest were not obliged , and therefore came not , or if they came as they often did in hen. 3. time , upon the like summons , as appears by many records of that age , that the king's tenants only assented to the resignation . either way it resolves into this , that a council of the king's tenants , was not a council that could lay any obligation upon , or pretend to a representation of the whole kingdom . indeed i meet with a ms. wrote i suppose in the time of hen. 6. above two hundred years past , the author of which ( being induced by all the records , or histories , which had then appeared to him , to believe that nothing could be of universal obligation , even in king john's time , but what was assented to as universally as laws were when he wrote ) gives us king john's charter of resignation in a very full and complete form , as if it had been — per consilium & assensum nostrorum procerum arch. ep. ab. prior. comitat. baronum , militum , liberorum hominum , & omnium fidelium nostrorum : whereby if his authority could stand in competition with the great councils , he would remove the objection that had been long before made , which was , that this resignation made in the ordinary curia , was not in a legal representative of the kingdom . it seems that both the parliament and this author were then satisfied that the king 's feudal peers or tenants in chief could not make a commune consilium regni , as a full parliament in king john's time . besides it is worthy of consideration , that if none but tenants in capite were of the common council of the kingdom at this time , then all the abbots , priors , and other dignified clergy , who held not of the king in chief , and yet were very numerous , together with the whole body of the inferiour clergy , were entirely excluded from , and never admitted to this common council any more than the rest of the layty , from the time of william the first , to the forty ninth of henry the third . this i conceive is enough in the negative , that the king's tenants could not within the meaning of this charter make the common or general council of the nation : if it be said that they made the common or ordinary council for matters of tenure or ordinary justice , i shall not oppose it , in which sense they might be said to be a commune consilium regni , but that sense cannot be here intended , because the words are commune consilium de auxiliis assidendis aliter quam , &c. & de scutagiis , &c. so that 't is manifestly no more than a common council for the assessing of aids and escuage ; and if i shew that the aids and escuage concern'd the king's tenants only , then the common council of the kingdom dwindles into a common council of the king's tenants for matters concerning their tenure . if no instance can be shewn from record or history of auxilia or aids raised by the kings of england without more general consent , except such as were raised of his immediate tenants ; and those cases wherein the king here reserved to himself a power of charging with aid or escuage without consent of a common council concern'd his tenants only , and more than those tenants were parties or privies to this charter , it must needs be that the other cases wherein the consent of a common council was requisite , concerned tenants only , since only their consent is required , and they only stood in need of this clause of the charter . that two of the three above mentioned ( viz. ) aid to make the eldest son a knight , and to marry the eldest daughter were incident to tenure , appears by the stat. west . 1. cap. 36. which ascertains the aid which before as that declares was not reasonable , and shews upon whom it lay ( viz. ) tenants by knights service and socage tenants , and there is no doubt , but if the king might by law have required aid , in those two cases he might have done it , in the third for the redemption of his own body , which was a service a king of england , especially after the loss of normandy , which often occasioned the exposing their sacred persons , so little stood in need of and was likely so rarely to happen , that there was no need to redress , by the statute of west . any grievance arising from thence . though the statute here spoken of be only in the affirmative , what tenants by these services shall pay : yet this has been taken to be pregnant with a negative as to all others not mentioned . so 11 hen. 4. fol. 32. nul grand sergeanty ne nul auter tenure mes seulement ceux queux teigne , in chevalry & en socage ne paieront aid a file marrier pour ceo stat. de west . 1. cap. 36. voet que ceux deux tenures serroint charges & ne parle de auters tenures ; that is , none but tenants by knights service and socage are liable to these auxilia . but over and above these incidents , whether with consent of tenants , or advice of other council , or meerly of their arbitrary motion kings used to raise money upon their tenants , and these were called auxilia , which is the word used in this charter of king john , the leavy upon tenants by knights service was called escuage , because of their servitium scuti , service of the shield , that upon tenants of their demesns in common socage , tallage , which is a word that might be of a large extent , as it signifies a cutting off from the estate , but being it was never used as an imposition with pretence of duty but upon his tenants , and that which was raised upon tenants by knights service had its proper name , therefore this has generally been applied to the payments of socage tenants , either as ordinary services , that is , upon the ordinary occasions wherein 't was of course raised by the king , or upon extraordinary occasions and necessities , which required advice . yet as an exaction or unjust payment it has been taken in the largest sence to reach to all tenants and others ; as in william the first his emendations or charter of liberties , the 1. magna charta . volumus etiam ac firmiter praecipimus & concedimus , ut omnes liberi homines totius monarchiae regni nostri praedicti , habeant & teneant terras suas & possessiones suas benè & in pace liberas ab omni exactione injustâ & ab omni tallagio , ita quod nihil ab eis exigatur vel capiatur nisi servitium suum liberum quod de jure nobis facere tenentur , & prout statutum est eis & illis à nobis concessum jure haereditario in perpetuum , per commune concilium totius regni nostri praedicti . in a general council of the whole kingdom it had been setled what the king should have of his tenants by reason of tenure , and what free services he should have even of those freemen which were not his tenants . thus by the oath of fealty or allegiance and by the law of association , or the revival of the frank pledges , every freeman was tied to service for the defence of the peace and dignity of the crown and kingdom , and by the association more particularly to maintain right and justice ; for all which they were to be conjurati fratres sworn brethren . and besides this there were services belonging to the crown , which lay upon the lands of freemen ; to instance in treasure , trove and royal mines , thesauri de terris regis sunt nisi in ecclesiâ vel coemeterio inveniantur . aurum regis est & medietas argenti & medietas ubi inventum fuerit , quodcumque ipsa ecclesia fuerit dives vel pauper . and this was as properly a service as the roman servitus praediorum , which consisted in something to be suffered upon lands or houses . but he would not exact or take from them by force any kind of tallage . therefore the historian tells us , that in the year 1084. de unaquaque hidâ per angliam vi. solidos accepit , he accepted as a voluntary guift 6 s. of every hide of land throughout the kingdom , if 't was without consent , 't was against his own charter , and so illegal . but to proceed to shew the nature of the auxilia , which came from tenants in the reign of some of his successors , either ordinary as common incidents or extraordinary . by the common law , as the lord cook observes upon the statute of west . 1. cap. 36. to every tenure by knights service and socage , there were three aids of money called in law auxilia , incident and implied without special reservation or mention ( that is to say ) relief when the heir was of full age , aid pur fair fitx chevalier , & aid pur file marrier . when the lord cook tells us that these services were incident to socage tenures , as well as knights service it must be intended , when it is spoke of the services of the tenants of the king 's ancient demeasn only , for they that held of the king by certain rent , which was socage tenure , were not subject to the payment of the tallage , except their land were of the ancient demeasn of the crown . and therefore robert de vere earl of oxford , who held a mannor of the crown by a certain rent , which to be sure was not knights service , pleads that he held the mannor with the appurtenances , per servitium decem librarum regi , ad scaccarium annuatim reddendum pro omni servitio , & regidedit intelligi quod idem manner non antiquo dominico coronae regis angliae nec est de aliquibus temporibus retroactis in tallag . per progenitor . regis angliae in dominicis suis assessis consuevit talliari . upon search made he and his tenants are freed from tallage . so the king declares that he will not have aid , that is tallage for marrying his eldest daughter of any clergy-men that hold in frank-almaign or socage , which must be taken in the same sense with the former . and before this walterus de esseleg held a mannor , ad foedi firmam , that is at a certain rent of the gift of hen. 2. and was never afterwards talliated , quum praedecessores nostris reges angliae & nos talliari fecimus dominica nostra ( it seems though the land had been of ancient demeasn , yet it was severed by the purchase . ) this tallage was called auxilium in the record . de consilio nostro provisum est quod auxilium efficax assideri faciamus in omnibus burgis & dominicis nostris . yet the city of london being charged with a tallage , the common council dispute whether it were tallagium or auxilium which is there meant of a voluntary aid , not due upon the account of any of their houses being of the kings demeasne , though indeed 't is then shewn that they had several times before been talliated . this explains that part of the charter , simili modo fiat de civitate londinensi , that is , as in all cases besides those excepted , escuage or tallage should not be raised but by a common council of the kingdom , that is , of all the persons concern'd to pay : so for the city of london , unless the aid were ordered in a common council , wherein they and all other tenants in chief were assembled , none should be laid upon any citizens , but by the consent of their own common council ; and if the ordinance were only in general terms , that all the kings demeasns should be talliated , the proportions payable there should be agreed by the common council of the city , according to that record , 11 hen. 3. assedimus auxilium efficax in civitati nostra london . ita quod singulos tam majores quam minores de voluntate omnium baronum nostrorum civitatis ejusdem per se talliavimus . et ideo providimus simile auxilium per omnes civitates nostras , burgos & dominica nostra assidere . this per se talliavimus was a talliating per capita , for when the common council refused to give such a sum in gross , as the king demanded , then the king was put to have it collected of every head , and is , according to the faculty of every socage tenant of his demeasn , as appears by the record of 39 hen. 3. whereas by this charter the king might take escuage or tallage in three cases without the consent of the tenants , but confin'd to reasonable , that is , secundum facultates , or salvo contenemento , and in those cases wherein their consent was required , things were carried by the majority of voyces amongst them that were present upon his summons , which sometimes were very few ; as when he held his court at westminster in the fifteenth of his reign on christmass the chief time , 't was cum pauco admodum militum comitatu , there arose a very great inconvenience , and a few tenants called together at a time , when the rest could not attend , as in harvest , or the like , might ruine the rest ; therefore this seperate court of tenants is wholly taken away in the reign of edward the first , and he promises that no tallage or aid ( without any reservation ) should be leavied for the future , without the consent of a full settled parliament , not that it was incumbent upon all that came to parliament to pay either tallage or escuage ; but as they were the great council of the nation they should advise him , when , or in what proportion to talliate his demeasns , or lay escuage upon his tenants by knights service : and when the king's tenants paid escuage by authority of parliament , the tenants by knights service of inferiour lords , were obliged to pay to their lords , lit. sect. 100. the statute is thus , nullum tallagium vel auxilium per nos vel haeredes nostros in regno nostro ponatur seu levetur sine voluntate & assensu arch. ep. comitum , baronum , militum , burgensium & aliorum liberoum hominum de regno nostro . pursuant to this the very same year is a record of a summons for a parliament to consider of an aid to make his eldest son knight , for which before he need not have consulted his parliament , nor the council of the tenants ; de jure coronae nostrae in hujusmodi casu auxilium fieri nobis debet , says the record , and yet he had tied up his hands from raising it without consent of parliament . however king john had in some measure redressed their grievance , giving them assurance that there should always be the general consent of tenants for what was not payable of right and custom , without any consent of theirs , and for the assessing those sums to which consent was made necessary , there should be a convenient notice that none might complain of the injustice of the charge . but all these things so manifestly relate to tenure , both the cases excepted and the cases provided for , that no other sense can be tolerable , for where the king reserves three incidents to tenure , and the particulars within the provision are appendant to tenure , and none but tenants are mentioned , shall we believe that something forreign is intended by the very same words ? though we may well believe that all aids whatever were intended by the statute of edw. 1. because the consent of all people ; tenants , and others is required . thus far i think i am warranted by very good authorities ; i take leave to observe farther , that it should seem that before this charter the king might have charged his geldable or talliable lands , that is , those lands which were held of his demeasn in socage at his own discretion , but could not charge them that held by knights service without their consent , and so this part take it , barely to the consenting is for the advantage and relief of the socage tenants only . the charter of henry the first , which exempts the king's tenants by knights service , ab omnibus geldis , that is , tribute or forced payments beyond ordinary services , leaves the king a power of charging his other tenants by meaner services , though not those which held by serjeanty , pro omni servitio . militibus qui per loricas terras suas deserviunt terras dominicarum carucarum suarum quietas ab omnibus geldis & ab omni opere proprio dono meo concedo , ut sicut tam magno gravamine alleviati sunt , ita equis & armis se bene instruant , ut apti sint & parati ad servitium suum & ad defensionem regni . but then as the consent is qualified upon such notice and summons to a certain place ▪ herein the tenants by knights service are eased in relation to part of their service . they were obliged to attend the king's court , either in his wars , his administration of justice , or for the assessing of escuage upon those that made default in their personal services ; for the first there could not be any time of summons or place of attendance ascertained , because occasion and necessity was to determine that ; for the second , they could not claim it as a priviledge , the administration of justice being within the king 's ordinary power , and his ministers and justices were sufficient assistants . but in the last there was a grievance in which 't was proper for the king 's extraordinary justice to relieve them . et ad habendum commune consilium regni de scutagiis assidendis , for the assessing of escuage , which was part of the work of the curia , they should be summoned , as is therby provided . even before the normans coming the kings used to celebrate feast-days with great solemnity , and at those days they chose habere colloquium , to consult with their people : so king eldred summoned all the magnates of the kingdom to meet him at london on our lady-day . in festo nativitatis b. mariae universi magnates regni per regium edictum summoniti , &c. londoniis convenerunt ad tractandum de negotiis publicis totius regni ; so king edgar had a great assembly , and called it curiam suam at christmass . cum in natali dominico omnes majores totius regni mei tam ecclesiasticae personae quam seculares ad curiam meam celebrandae mecum festivitatis gratiâ convenissent coram totâ curiâ meâ corroboravi . that the curia regis then consisted not of the king's tenants only : i could shew more particularly by a discourse of the feudal law , and of what prevalence it was here before the normans time : but i think there is enough to this purpose here from one piece of antiquity , which shews what in ancient time made a churl or pesant become a theyn or noble , and that so anciently , that in a saxon ms. supposed to be wrote in the saxon time , it is spoke of as antiquated . that was five hides of his own land , a church and a kitchin , a bell-house and a burrough-gate , with a seat and any distinct office in the kings court. this churle is in an ancient ms. cited by mr. selden called villanus ; so that if a man were not free-born if he could make such an acquisition he became ipso facto , a thane , a free-man , as they were often used the one for the other , which i think is easily to be collected from several places in doomsday book , and as at that time such circumstances with a place in the king's court made a thane or free-man , so a thane or freeman had a place in the great court , as we see edgar's curia had all the majores totius regni , without any qualification from tenure . but this is to be observed that this being spoke of as antiquated , and that the people and laws were in reputation when this was the usage , there is a strong presumption from hence , that since that time a less matter than five hides of land , a church , &c. gave a place in the king's court when nobilty was cheaper , and so the people , the nobles of less reputation . the normans followed not only the lane but the decent customs and ceremonies of the former government , though not directly yet by way of resemblance . and whereas the saxon kings celebrated their courts often on great feast days before all their people upon publick notice , king william erects tenures , whereby all that he had obliged by his gifts , except such as out of special favour were to do some small thing , pro omni servitio , should make a little court or council by themselves either military ( if occasion were ) or judicial in matters belonging to their feud . and by henry the third's time , if not henry the second's , it took in all , or most matters of ordinary justice ; whereas before , its business was confined to the controversies arising between the king 's immediate tenants , other suits , especially about lands , were settled in the counties or hundreds , or in particular lords courts , as appears by the charter of henry the first , de comitatu & hundredis tenendis . henricus rex anglorum sampsoni episcopo & ursoni de abecot & omnibus baronibus francis & anglicis de wircestrescirâ , salutem : sciatis quod concedo & praecipio ut à modo comitatus mei & hundreda in illis locis & eisdem terminis sedeant sicut sederunt in tempore regis edw. & non aliter . 〈◊〉 enim quando voluero faciam ea satis summoneri propter mea dominica necessaria ad voluntatem meam . i cannot here omit the plain observation that dominica necessaria , cannot be meant otherwise than of the king 's own business ; for his necessary demeasns were nonsense , therefore the sense is , that as often as he had occasion , he would give them , that is , all the counties and hundreds , sufficient notice for attending him ; so that here is a clear description of the nature of his great councils , nay , and of st. edward's too , in that when he says , they shall sit no otherwise than they had done in st. edward's time , he adds ; for when i have a mind to it , i will cause them to be sufficiently summoned to meet upon my necessary occasions , of which , i will be judge , that is , so it was in king edward's time , and indeed so it appears in the body of his laws recited in the fourth of william the first , where 't is enacted that tythes shall be payd of bees , we are there told with what solemnity the law passed , concessa sunt à rege , baronibus , & populo ; so whereas king ethelwolf father to the illustrious king alfred had in the year 855 or 854 granted to the church the tythe of his own demeasns . rex decimas ecclesia concessit ex omnibus suis terris sive villis regiis , about ten years afterwards the tythes were settled all over the kingdom by a general consent , totâ regione cum consensu nobilium & totias populi . by the populus is not to be intended all people whatsoever , for they who were not freeholders were not people of the land , were no cives , and were not properly a part of any hundred or country , for they were made up of the free pledges , the freeholders , masters of the several families , answering for one another by tens , ten tens , or tythings at first making an hundred court , and more or fewer hundreds ( according to the first division or increase ) a country , and for the clear understanding the general words , as principes , thaini , barones , proceres , baronagium , barnagium regni , or the like , relating to the great councils of the kingdom before and since the norman acquisition , we find by this charter of henry the first , that the counties and hundreds , that is , the men which composed those courts were upon sufficient notice to attend upon the king's business , that is , constitute the councils , and therefore simeon of durham very properly says of the great council , concilio totius angliae adunato , the same with what eadmerus says of the council of pinnedene in the first william's time , adunatis primoribus & probis viris non solum de comitatu cantiae sed & de aliis comitatibus angliae , here were the probi homines the freeholders of the counties , they that made the county court or turn , either of which in st. edward's laws is called the folkmote , and is there described vocatio & congregatio populorum omnium , and we find by statutes made before this time , that the populus omnis , or the primores & probi homines , according to eadmerus are called peers or nobles , for that the country-court , or turn at least , was celeberrimus ex omni satrapiâ conventus . thus in king edgar's laws , centuriae comitiis quisque ut antea praescribitur interesto oppidana ter quotannis habentur comitia . celeberrimus autem ex omni satrapiâ bis quotannis conventus agitor , cui quidem illius diocesis episcopus & senator intersunto , &c. this some great men have taken for a general council or parliament , but the contrary is manifest in that only the bishop of the diocess , and one senator either the count or the sheriff are to sit there in chief and this very law being taken notice of by bromton , it is there called scyremotus ; so in canutus his laws , where this is repeated , and where canutus his laws give an appeal from the hundred to the county-court or turn ; this of the county is called conventus totius comitatus quod anglicè dicitur scyremote . but to proceed with the charter of henry the first , concerning the county and hundred court. et si amodo exurgat placitum de divisione terrarum si interest barones meos dominicos tractetur placitum in curiâ meâ : et si inter vavasores duorum dominorum tractetur in com. &c. though according to this the titles to land between all but immediate tenants , or such lords as had none over them but the king , were determinable in the county , yet sometime before the great charter of henry the third , common pleas in general , which takes in the titles of land followed the king's court , where ever he held it , and by that charter were brought to a certain place . communia placita non sequantur curiam nostram sed teneantur aliquo loco certo . the king's bench is coram rege , and used to follow the king's court , and was removeable at the king's pleasure . here common pleas as well as matters of the crown were heard , and at this doubtless all the king's tenants by knights service used to be present , of this bracton says , illarum curiarum habet unam propriam sicut aulam regiam & justiciarios capitales qui proprias causas regis terminant & aliorum omnium per querelam vel per privileginm sive libertatem ; but as the curia regis was held sometimes of the tenants and officers only sometimes of the whole kingdom , when matters having no relation to tenure or ordinary judicature were in question , hence has arose the mistake of some learned authors in taking the curia regis to be nothing but the court of the king's tenants , of others that 't was meant only of the great council of the nation . whereas we may trace their frequent distinctions from the conquest downwards very apparently , and very often their union . it is agreed on all hands that the ordinary curia was held thrice a year , at christmass , easter , and whitsontide , and in the time of william the first , the places were as certain on christmass at glocester , on easter at winchester , on whitsontide at westminster , while they were held at the accustomed places , there was no need of any summons , they that were to come ratione tenurae might well come de more ; afterwards , they removed from place to place , the king made the court where ever he was pleased to hold it , and indeed when ever ; but then it could not be the curia de more : if it were at a different time or place , then there was need of summons , if there were summoned at any time more than the ordinary members of the curia ; if this was on the day of the curia there was an union of the great council and the curia , if on a different day there was a great council by its self , yet the members of the curia were a part thereof . not to anticipate what will appear from the presidents which i shall produce to make good this my assertion ; i shall make my observations upon them in order . about the first year of the reign of william the first , as mr. selden supposes , was held the council at pinnedene , to determine the difference between odo bishop of baieux , earl of kent , and archbishop lanfranc ; if this were a curia de more , then 't is evident that more than tenants in chief ; nay , all proprietors of lands assembled then of course even at the curia , for the probi homines of several counties were there , but it appears that it was upon the king's summons to all the freeholders of kent , and of some adjacent counties . praecepit rex quatenus adunatis primoribus & probis viris non solum de comitatu cantiae , sed & de aliis comitatibus angliae querelae lanfranci in medium ducerentur , examinarentur , determinarentur . disposito itaque apud pinnedene principum conventu godfridus episcopus constantiensis vir eâ tempestate praedives in angliâ vice regis lanfranco justitiam de suis querelis strenuissime facere jussus fecit . here all the probi homines are by variation of the phrase conventus principum , a bishop was president and pronounced the judgment ; but it was , as 't is said afterwards , ex communi omnium astipulatione & judicio , this judgment was afterwards revoked in another council , which to be sure must have been as large as the other , else the lawyers who were there , could never have made any colour of an argument for the revocation . item alio tempore idem odo permittente rege placitum instituit contra saepe fatam ecclesiam & tutorem ejus patrem lanfranc & illius omnes quos peritiores legum & usuum anglici regni noverat gnarus adduxit . cum igitur ad ventilationem causarum ventum esset omnes qui tuendis ecclesiae causis quâque convenerunt in primo congressu ita convicti sunt ut in quo eas tuerentur simul amitterent . 't is observable that there was a legal tryal , and the cause went on that side , where the law seemed to be ; but indeed afterwards lanfranc coming possibly upon producing some evidences not appearing before the first judgment was affirmed . here matter of ordinary justice was determined before more than the ordinary curia . this looks very like a general council of the whole nation , to be sure 't was more than a curia of the king's tenants and officers , and is more than a county court. yet in the nature of a county court , it being several counties united , and so was adunatio conciliorum , though not of the council of the whole nation . an ancient ms. makes this chiefly a court of the county of kent . praecepit rex comitatum totum absque mora considere , & homines comitatus omnes francigenas & praecipuè angl. in antiquis legibus & consuetudinibus peritos in unum convenire . but then it adds , & alii aliorum comitatum homines , and so confirms what eadmerus says . the nature of these courts is easily to be explained by writs , which we find from william the first for such tryals as this at pinnedene . willelmus anglorum rex omnibus fidelibus suis & vicecomitibus in quorum vicecomitatibus abbatia de heli terras habet , salutem : praecipio abbatia de heli habeat omnes consuetudines suas , &c. has inquam habeat sicut habuit die qua rex edwardus fuit vivus & mortuus , & sicut meâ jussione dirationatae sunt apud keneteford per plures scyras ante meos barones , viz. gaulfridum constansiensem episcopum , & balwinum abbatem , & petrum de valonnus , & picotum vicecomitem , & tehehen de heliom , & hugonem de hosden , & gocelinum de norwicum , & plures alios teste rogero bigot . willielmus rex anglorum lanfranco archiep. & rogero comiti moritonio & gauffrido constantiensi episcopo , salutem . mando vobis & praecipio ut iterum faciatis congregari omnes scyras quae interfuerunt placito habito de terris ecclesiae de hely antequam mea conjux in normaniam novissimè veniret . cum quibus etiam sint de baronibus meis qui competenter adesse poterunt , & praedicto placito interfuerunt et qui terras ejusdem ecclesiae tenent . quibus in unum congregatis eligantur plures de illis anglis qui sciunt quomodo terrae jacebant praefatae ecclesiae die qua rex edwardus obiit , et quod inde dixerint ibidem jurando testentur . quo facto restituantur ecclesiae terrae quae in dominico suo erant die obitûs edwardi , exceptis his quas homines clamabunt me sibi dedisse ; illas vero literis signate quae sint et qui eas tenent . qui autem tenent theinlandes quae proculdubio debent teneri de ecclesiâ , faciant concordiam cum abb. quam meliorem poterint et si noluerint terrae remaneant ad ecclesiam . hoc quoque de tenentibus socam et sacam fiat . denique praecipio ut illi homines faciant pontem de heli qui meo praecepto et dispositione hucusque illum soliti sunt facere . willielmus rex anglorum goffrido episcopo et rodberto et comiti moritonio , salutem . facite simul venire omnes illos qui terras tenent de dominico victu ecclesiae de heli , et volo ut ecclesia eas habeat sicut habuit die qua edwardus rex fuit vivus et mortuus , et si aliquis dixerit quod inde de meo dono aliquid habeat mandate in magnitudinem terrae et quomodo eam reclamat , et ego secundum quod audiero aut ei inde escambitionem reddam aut aliud faciam ; facite etiam ut abbas symeon habeat omnes confuetudines quae ad abbatiam de heli pertinent , sicut eas habebat antecessor ejus tempore regis edwardi , preterea facite ut abbas seisitus sit de illis theinlandis quae ad abbatiam pertinebant die quo rex edwardus fuit mortuus , si illi qui eas habent secum concordare noluerint , et ad istud placitum summonete willielmum de guaregnna , et richardum filium gisleberti , et hugonem de monteforti , et goffridum de manna villâ , et radulfum de belfo , et herveum bituricensem , et hardewinum , de escalers et alios quos abbas vobis nominabit . upon these writs many useful things might be observed , but i will confine my self as nigh as i can to my purpose . from them as interpreted by equal authority of history it appears , that wil. the first us'd to commissionate several of his barons . i will not oppose their being his great tenants in chief , these were to preside in the tryals of matters within ordinary justice , which were to be try'd in the several counties where the question arose , sometimes in one county , sometimes in several together as the men of the several counties , that is , the several counties were united . sometimes these great men , sometimes the sheriffs were to summon the parties , and to take care that an inquest of the county or counties concern'd be impannell'd , in the counties , that is , by the choice of the freeholders . the kings commissioners were to pronounce the judgment in the kings name or stead : so the bishop of constance did right to lanfranc , 't was judicio baronum regis qui placitum tenuerunt , and yet ex communi omnium astipulatione & judicio , the inquest upon their oaths found the matter of fact , the judges stated it to the people , and delivered their judgment ; to which the primores & probi homines assented , for 't was ex communi omnium astipulatione ; this agrees with what bracton says of the laws pass'd in the great council of the nation . de concilio & consensu magnatum & reipublicae communi sponsione . but it may be objected that the kings writ is to the great men to do justice , to which the books give an answer that the kings writ does not change the nature or jurisdiction of a court , and therefore though a writ of right or a justities be directed to the sheriff , yet the suitors in the county court are judges . and what their jurisdiction was in the time of wil. the first , is to be gathered from what continued to the freeholders or suitors of the county court of chester even till the time of edward the first . upon a writ of error to remove a judgment out of the county palatine of chester into the king's bench in a plea of land ; the chief justice of chester certifies that the judicatores et sectatores the suitors at the county court , clamant habere talem libertatem quod in tali casu debent omnes barones & eorum seneschal . ac judicatores ejusdem comitatus summoniri audituri hujusmodi processum & recordum & illa antiquam sigilla sua apponant ; si fuerit infra tertium comitatum per seipsos emendare . et hujusmodi libertates a tempore quo non exstat memoria usi sunt et gavisi . and the chief justice farther certifies , quòd fecit summoniri omnes barones et judicatores , accordingly . the parties assembled at the council of pinnedene , were the primores et probi viri of the counties concern'd , which answer to the proceres et fideles regni , in the union of all the counties in parliament , as in the 42 of henry 3. which in another record of the same parliament are branch'd out into hanz hommes e prodes hommes , there are the primores et probi viri , e du commun de nostre realme : that is , as the statute of the staple has it , the prelates , dukes , earles , barons , the great men of the counties , grands des county's as the french , and the commons of the cities and borroughs . the testimony of eadmerus concerning the parties to the judgment at pinnedene confirms me in my opinion , that the summons to a great council as i take it in this kings reign , mentioned by simon of durham and florentius wygorniensis , which was to all the bishops , abbots , earles , barons , sheriffs , with their knights , was not to them and those only who held of them by knights service , for more than such were judges even for matters of ordinary justice within the counties , but that it was to them and the sheriffs , knights , the freeholders of the countys who were by st. edwards laws oblig'd to find arms , and became knights milites as soon as by publick authority they took arms ; the antient form of manumission proves this sufficiently . siquis velit servum suum liberum facere tradet eum vicecomiti per manum dextram in pleno comitatu , et quietum illum clamare debet a jugo servitutis suae per manumissionem , et ostendat ei liberas portas et vivias et tradat illi libera arma , viz. lanceam et gladium et deinde liber homo efficitur . thus he becomes a freeman and the sheriffs knights at the same time . that all freeholders had the appellation of milites , is evident by many records , and even a statute , that for the choice of coroners which was but declaratory of the common law , as appears by several records , before that time ; i will instance in one . because one that had been chosen coroner , was neither a knight or freeman , as that interprets it self , nor yet discreet , therefore a new choice is directed , miles non est , et in servitio alieno , et juvenis et insufficiens et minus discretus . here in servitio alieno , a servant , is put in contradistinction to miles , that is , to a freeholder , or liber tenens . et here , has the like import with sed , unless a man might have been a knight , and yet no freeman . the freeholders of the county of cornwall fine to the king for leave to chuse their sheriff , 't is said in the record . milites de com. cornubiae finem fecerunt rot. fin . 5º h. 3. pars 1 a. m , 9. and these which are here called by the general denomination of knights , are in another record of the same specified under these names . episcopus , comites , bar. milites libere tenentes , et omnes alii de com. so that all the people of the county , that is , they which were part of the county court were comprehended under the word milites . in another record , the milites et probi homines , that is , honest freeholders are used as the same . in pleno com. tuo dicas militibus probis hominibus ballivae tuae . &c. the milites or probi homines were under the sheriff , an officer of their own choice , as was the law and custom of this king's time to be sure and long after : the office of the heretochius , who had been the ductor militiae , had been discontinued no body knows how long , and 't is spoke of only as an office that had been . but the sheriff , being of the freeholders choice , not the kings , having no certain salary , nor fee upon any account taken notice of in the eye of the law ; but depending upon what the king should give out of the two thirds of the profits of the county , ( the tertium denarium , the third part , the earl o● count had ) who will imagine that the sheriffs as sheriffs , had any feud rais'd upon them by the king , that is , were to attend at his courts or in his wars , with their feudall knights the posse commitatus which was assisting to them , being of quite another nature ? indeed i find one fulcherus , homo vicecomitis , that is , tenant by knights service , to which homage was incident , and in that sense miles vicecomitis ; in another part , tenet rogerus de picoto vicecomite de foedo regis hanc terram tenuit gold. sub abbate eli potuit dare absque ejus licentiâ sine sacâ . this had been freehold within the abbots precinct , alienable without licence , subject to no suit of court , and was granted to picot then sheriff of the county to hold of the kings feud , that is , by knights service . yet he did not hold this as vicecomes , but as baro , so 't was if any man had the county in fee : but the king summoned the barones , & vicecomites , that is , the vicecomites without consideration of their capacity as barons , and their knights ; 't was long after this , that the word vicecomes was any thing more than tbe name of the office here spoken of ; an honorary viscount was not then known , such indeed might at their creation have had feuds rais'd upon the lands granted along with their honours . there is this farther proof , that this was more than a council of the kings tenants and officers or ordinary court ; in that the summons was immediately after the curia , and that to a place sufficiently capacious , salisbury plain . et in hebdomada pentecostes suum filium henricum apud west . ubi curiam suam tenuit armis militaribus honoravit ; here was the proper work of the curia , the king gave arms in his court to the great men , and immediate tenants , the common freeholders received them in the county court , either at coming to age , or upon becoming free by manumission ; which 't is not probable that a man would desire , unless he had a freehold to live upon , or that thereby those lands which were held in villenage became free . but though one were born free , yet i take it he was to recieve a formal military honour , have arms deliver'd to him when he came to age , and in the time of hen. 1. 't is us'd as a sign that one was not of age when he seal'd a deed , and consequently 't was not effectual because militari baltheo nondum cinctus erat . we find that when a freeman died , his heir under age ; some body was to have the custody of the arms. siquis arma haec habens obierit remaneat haeredi suo , et si haeres de tali statu non sit quod armis uti possit , si opus fuerit ille qui eum habuerit in custodia habeat similiter custodiam armorum , &c. and when he came of age , tunc ea habeat , this was in hen. 2. time , and then the publick delivery of arms to all freemen might have been disus'd , but antiently as mr. selden observes , the taking arms by young men from publick authority was a kind of knight-hood . but soon after will. the first had at his court knighted his son henry , he call'd this great assembly of barones , & vicecomites cum suis militibus , his curia was held at whitsontide ; nec multo post mandavit ut arch. ep abb. com. bar. vicecomites cum suis militibus die kal. aug. sibi occurrerent saresberiae , quocum venissent milites illorum sibi fidelitatem contra omnes homines jur are coegit . here i take it milites illorum refers to the knights of the sheriffs , that is , the freeholders , this was adunatio conciliorum , a joyning together of the several councils of the counties , where the swearing allegiance to the king was one of their principal works ; the kings tenants had done it of course in the curia , but methinks 't is a strange thing that it should be us'd for an argument , that this was not a great council of the kingdom , because they were evocati● ad fidei vinculum . for satisfaction i will offer a record of the same work done in parliament in the time of henry 3. celebrato nuper concilio apud bristol ubi convenerunt universi ang. praelati tam ep. ab. quam primores et multi tam comites quam barones qui etiam univerfaliten fidelitatem nobis publicè facientes , concessis eis libertatibus & liberis consuetudinibus ab eis prius postulatis & ipsis approbatis . &c. here the king yields them those liberties and free-customs , which they desired , and they swear allegiance to him , here was the fidei vinculum . but perhaps they will say that this of w. the first was no common council or parliament , because it appears not that any laws pass'd or that they were summon'd to that end . for the first i think no man will say that the assembly is less parliamentary because nothing is agreed upon in it . indeed we find that where a parliament was dissolv'd without any act pass'd , 't is said by judge cook not to be a parliament , but the inception of a parliament , that is , no session : but whoever will consult the summons to parliament in the time of ed. 1. & 2. may satisfie himself that there were many parliaments call'd , at which there were no laws pass'd , but meerly advice given , and yet at the end thereof , the knights , citizens and burgesses had their writs of expenses , wherein the kings declared that they had been called to parliament , nobiscum de diversis negotiis nos & populum regni specialiter tangentibus tractatur . for the last , 't is no matter whether the cause of summons were express'd , 't is enough if it were de quibusdam arduis , or however else was the use of that time . besides 't is certain many laws have pass'd in publick councils antiently of which we have no intimation from those historians which mention such councils . wherever i find any publick act of recognizing a kings title of justice , or of elections of persons to any office , i shall not scruple to call such an assembly a council , and if it it be general , a great or common council of the kingdom . and lanfranc i conceive was in this kings reign chose to be metropolitan of all england in such a council ; 't was indeed in curiâ regis as gervacius , and the author of antiquitates britannicae shew , but not the ordinary curia , for 't was on our lady-day , which was not the time of such curia , and the clerus and populus angliae more than the kings tenants and officers there confirm'd the choice of the seniores ejusdem ecclesiae , that is , of canterbury . in the fourth of this king the controversie between the archbishop of york , and the bishop of worcester , was determined at petreda before the king , archbishop lanfranc , the bishops , abbots , earles , et primatibus totius angliae , this mr. selden rightly calls a parliament , which is easily to be gathered from the large and comprehensive signification of primates . that general summons the same year to have an account of the laws , looks as if it were to a parliament , to which a representation of twelve for every country was agreed on , but appears not to have been specially directed : be that as it will , there was no need of a full representative , or meeting in an entire body , because it was not to lay any new obligation upon them , but was an enquest of the several counties to present their old laws . but when he seemed inclined to make the customs of some few counties the rule to all the rest , ad preces communitatis anglorum , he left to every county its old customs . in the seventeenth of this king , convocavit rex multitudinem nobilium angliae , the multitude of the nobles of england , says gervace of dover , this was about ecclesiastical affairs , concerning the bringing regular monks into monasteries , and an old monk tells of the charter or law then agreed on . haec charta confirmata est apud westm . in concilio meo , anno regni mei xviii . praesentibus omnibus episcopis et baronibus meis , where barones mei must either be meant with relation to the whole nobility of england , which were all the king's men , though not his feudal , especially immediate tenants , before whom the test of charters used to be , as in henry the third's time , the earls only subscribed at the request of the rest , or it might be only his tenants in chief , subscribing as was usual . in the eighteenth the king impeaches his brother odo for his extortion , this was at the isle of wight ; in insulâ vectâ ei obviavit , ibi in mirum congregatis in aulâ regali primoribus regni : this was matter of ordinary justice , and though primores regni are named ; yet it might have been only such of them as attended on his wars , or in his court ; and 't is not probable that being abroad , all the primores angliae were summoned to this . in the nineteenth of his reign , i take it that he held barely his curia at glocester , for 't was a military council , except that his judges , great officers , and constant attendants were part of it . partem exercitus sui remisit , partem secum per totam hyemem retinuit et in nativitate domini glavorniae curiam suā tenuit , & at this court i find only some ecclesiastical preferments disposed of to three of his chaplains , which required no solemn consult ; but his laws passed per commune concilium totius regni , semel atque iterum ait se concessisse , &c. per commune concilium totius regni , and his leges episcopales , ecclesiastical laws were established , de communi consilio arch. episc . abb. et omnium procerum regni sui . for william the second , whereas a great antiquary will not say whether there were any solemn convention of the nature of a common or general council in his time , 't is manifest there was and we may find the marks of distinction between his ordinary curia & great council or parliament . he was crowned convocatis terrae magnatibus , says bromton , volentibus animis provincialium malms . that is , the whole kingdom agreeing or the major part ; indeed it seems the normans were for duke robert , but the english were not so wasted , as some imagine , but that they carried it , angli tamen fideliter ei juvabant , as simeon of durham shews , and hoveden out of him . in the second year of his reign he held a curia on christmass at london , but 't was more than a curia de more , for there were justiciarii ac principes totius angliae . in the third , turmas optimatum accivit & guentoniae congregavit , he called together the troops or army of nobles , barones aloquitur , inveighs against his brother robert , and perswades them to a war , & ut consilium inirent quid sit agendum jussit , bids them consider or advise what was to be done . his dictis omnes assenssum dederunt , all consented to a war. the king being very ill , omnes totius regni principes coeunt , episcopi , abbates , & quique nobiles , promittuntur omni populo bonae & sanctae leges ; here the princes and nobles reach to omnis populus . here anselm is named archbishop by the king , & concordi voce sequitur acclamatio omnium , the noyce and publick acclamation witnesses the peoples consent , and this is said to be secundum totius regni electionem , or as another author . rex anglorum consilio & rogatu principum suorum , cleri quoque & populi petition● et electione . the king being upon leaving england , to settle his affairs in normandy , ex praecepto regis omnes ferè episc . unà cum principibus angl. ad hastings convenerunt . here anselm pressed that there might be generale concilium episcoporum , but went from the curia , the great council , dissatisfied . anselm had propounded a question to be discussed in council . utrum salvâ reverentiâ et obedientiâ sedis apostolicae possit fidem terreno regi servare annon ? ex regiâ sanctione fermè totius regni nobilitas quinto id. martii pro ventilatione istius causae in unum apud rochingham coit . fit itaque conventus omnium , this is called curia , but could not be the court of tenants and officers only . anselm harangues the assembly in medio procerum et conglobatae multitudinis sedens . the other bishops are the mouth of the assembly , and the bishop of durham the prolocutor ; they tell him they will have him obey his prince , upon this he appeals to rome , miles unus , a good honest freeholder steps out of the throng , de multitudine prodiens , and with great devotion sets before his holy father the example of job's patience , upon this the prelate hugged himself in the opinion that the populus , the populacy were for him , though the princes , the heads of the assembly were against him . this controversie is adjourned to the curia , on whitsontide , which still was no ordinary one : anselm was celebrating a curia by himself , when he should have attended at the king 's , according to the adjournment , but it seems he expected special summons , which he has accordingly by word of mouth , no formal writ , but messenger . the king tenuit curiam suam in ipsâ festivitate apud windlesoram , and there were proceres , et coadunata multitudo , a very solemn convention . the authority cited by sir hen. spelman says , that the clergy was not at the council at roch. in quo fermè totius regni nobilitas praeter episcopos & clerum convenitur ; so that it would seem a president for that parliament , in the time of edward the first , taken notice of by bishop jewel , of which he says our publick monuments , that is , records have it . ha●ito rex cum suis baronibus parliamento et clero ( id est ) arch. et ep. excluso statutum est . there it seems the lords and commons , who undoubtedly came at that time , without relation to tenure , are barones sui : but whether the council at roch. had the clergy present or no , the bishops and barons tell anselm at another great council , how much soever he thought the assembly on his side , that placitum habitum est contra se , his pretences were over ruled , totius regni adunatione . yet notwithstanding their sense then delivered , they gave a farther day till whitsontide ; so that in effect 't was judgment nisi , then indeed anselm with a side wind got an advantage of the king , he cunningly waves the question , whether he might swear obedience to the king , and puts it only whether the pall were to be received from the pope , or the king , and carried that point , that it belonged to the singular authority of saint peter . this was a general council on the feast day , adquievit multitudo omnis , unde cum omnes silentio pressi conticuissent , statutum est . it seems till the multitude rested satisfied , the law could not pass . but two years after on whitsontide was held no more than the ordinary curia — cum igitur in pentecoste festivitatis gratiâ regiae curiae se presentasset : peractis igitur festivioribus diebus diversorum negotiorum causae in medium duci ex more coeperunt — that 't was usual when the height of the feasting was over , to go to the tryals of causes , or matters of ordinary judicature . in august following is held a great council , the king being , de statu regni acturus . then he sends out a general summons . in sequenti autem mense augusto cum de statu regni acturus rex , episcopos , abbates & quosque regni proceres in unum praecepti sui sanctione egisset , & dispositis his quae adunationis illius causae fuerant ; &c. anselm asks leave to go to rome , but is denied it . in october following there was a general council at winchester . wintoniae ad regem ex condicto venimus , eadmerus was there himself . the first day the tumult from the vast multitude was so great , that they could do nothing , and therefore broke up the court , and adjourned to the next day . orta est igitur ex his quaedam magna tempestas diversis diversae parti acclamantibus ; the sense of the assembly was , that anselm should observe the king's laws ; upon which he departs the realm in a pett . 't was pity eadmerus went with him , so that we loose the account of what passed in his absence . i think however we have enough to prove that there were then no less , nay greater assemblies , than what now compose our parliaments , nay the very word parliament was not unknown in that time . parliamentum dixêre croylandenses caenobitae sub tempore willielmi secundi . for farther proof 't is observable , that this king stood upon it , that malcolm king of scots , secundum judicium tantum baronum suorum in curiâ suâ rectitudinem ei faceret . that is was to do him right , or answer his demands , according to the judgment of his curia , or ordinary court of justice ; malcolm pleads that 't was to be in the confines of both kingdoms . secundum judicium primorum utriusque regni , that is , according to the judgment of a great or general council of both kingdoms united , and who were the primores that constituted the great council of scotland , even till the 23. of james the first , is evident by his act of alteration , or recommendation of a change , which has it , that the small barrons , and fee-tenants ( or freeholders ) need not to come to parliaments , nor general councils , without election , which shews that till then they did : and how they came here in this king's time , i leave any body to think as they please , sure i am here were more than tenants in chief . there was one council in his reign , which had no addition to it , the author says only celebravit concilium , and this , i take it , was no more than an ordinary curia , especially it being octabis epiphaniae ; and there was a legal tryal by duel , and by judgment of the court , the party conquered had his eyes pull'd out , and his stones cut off . that besides the great council , this king above mentioned , held the ordinary curia , sive de more , we have clear authority . cum gloriosè & patrio honore curiam tenuisset ad natale apud glocester , ad pascha apud winchester , ad pentecosten apud londoniam . by the foregoing instances , we may see , notwithstanding virgil's suppressing , as much as in him lay , the mss. which might take from the authority of his history , how many rise up in judgment against his assertion in the time of king h. 1. illud oppositè habeo dicere , reges ante haec tempora non consuevisse populi conventum consultandi causâ , nisi perrarò facere , adeò ut ab henrico id institutum jure manâsse dici possit — and it seems the great mr. lambert ( who possibly was the first that after the ages , in which the word baronagium was used and known to express the full great council or parliament received its true notion , viz. that both the nobility and commonalty of the realm were meant under these words , the barons of the realm ) this great man it seems , had not met with those mss. which since have offered their light to the world ; otherwise he would not have subscribed to the foregoing opinion of polydore virgil , however polydore himself , as far as his authority goeth , gives us to believe the frequency of such solemn councils , from this king's time downwards . this prince was so pleased with his people , and they so much at ease under his gentle reign , there was that mutual confidence in each other , that 't is a question whether he ever held a solitary curia of tenants and officers , only we find , tota nobilitas cum populi numerositate , cuncti majores adunati , and regnum angliae . all at several times at the curia de more . at other times we have commune concilium gentis anglorum , clerus & populus congregatus , the same called commune concilium baronum regni angliae . regni nobilitas sua sanctione adunatâ , concilium magnum — magnum placitum apud northamtune congregatis , omnibus principibus angliae , that is , baronibus , that is , clero & populo — though 't were a pleasure to dwell upon this king's reign , yet it is needless to insist upon further proof , that his councils consisted of more than tenants in capite and great officers . king stephen was elected king , a primoribus regni cum favore cleri & populi , clericorum & laicorum universitate , ab omnibus . viz. tam presul . quam com. & baron . stephanus his et aliis modis in regno angliae confirmatus , episcopos et proceres sui regni regali edicto in unum convenire praecipit , cum quibus hoc generale conciliam celebravit . this to be sure was more than the ordinary curia : the eighth of july two years after a council was held at oxford , which broke not up till september following , this was conventus magnatum , was not on the ordinary court day , yet perhaps was not a great general council : it was only for matter of ordinary justice ; some of the laity had complain'd of two potent bishops that fortified their castles , as if they intended to rule over them by the temporal , as well as spiritual sword , and had made a catholick interpretation of st. peter's , ecce duo gladii . it seems the bishops plea was , that this was no ecclesiastical synod , that is , in the true sense , not assembled for ecclesiastical , but for civil matters ; but in their sense , that they would be tryed by the canons , and canonical persons ; the debate is put off to be determined , in a general council appointed to be at winchester . here the clergy set up for themselves , & having the popes legat , thought themselves a body sufficiently entire , without that other part of the clerus , gods inheritance , which used to make up eventhese assemblies ; with much ado , they first let in the nobility proprietors of land , omnes barones in eorum communionem jamdudum recepti . they had not sate four days but the londoners-citizens demanded to be admitted amongst them as citizens or traders , they were no part of the nobility , 't was a disparagement for the son of a noble man a freeholder to be married to a trader . and this our constitution agreed with that of poland , where mercator and nobilis were alway contradistinct , and there is a remarkable clause in one of their statutes . nobiles appellandos censemus , qui licèt matre populari , patre tamen nobili sunt procreati , quorum tamen parentes & ipsimet vivant & vixerint ad instar aliorum nobilium in regno ut supra ; & non exercuerint vel exerceant eas artes & actiones quas communiter cives & qui in civitatibus morantur exercere solent ; per contrarium enim usum nobilitas ipsa in popularem , & plebeiam conditionem transire solet , and with them the inhabitants of cities which were sicut proceres sent deputies , whereas the possessionati the nobles came to the great councils in person . there came to the council above-named a representative in the name of the whole city of london . feriâ quartâ venerunt londinenses , & in concilium introducti causam suam eatenus egerunt , ut dicerent missos se a communione quam vocant londiniarum , but the clergy carried it with an high hand , and told them , that it became not them who were principal men in the kingdom and sicut proceres , as it were nobles , to favour them who forsook their lord , which i think was meant of the pope , and his clergy : to be sure they excommunicated the king , and those that held with him , for medling in their matters : but they had much ado to quiet the city of london for the haughty answer they gave them . they that were at this assembly came not as the king's tenants , or because of any office in his court. notwithstanding all the canonical thunder , at a great council possibly of lay-men only , habito post modum concilio coram primoribus angliae , statutum est ut omnia per angliam , oppida , castella , munitiones quaequae , in quibus secularia solent exerceri negotia regis & baronum suorum juri cedant . whereby all the strong holds which clergy-men had were subjected to the dominion of the laity , whether only the king's barons , barones curiae suae were to be judges in the disposal is needless to determine . but statutum est coram primoribus angliae , this was made a law by all the baronage of england . we have several other councils in this king's reign . in the seventh of his reign , there is an act of recognizing matilda the empress her title to the crown by all but the men of kent , and 't is not improbable that they looking upon themselves as a freer people than the rest , thought it was not fit for them to own any title but meer election . maltida imperatrix ab omni gente anglorum suscipitur in dom. exceptis kentensibus . in the ninth the proceres are summoned per edictum regium to st. albans . the same year is a great council at northampton called parliamentum . in the seventeenth , generale concilium convocavit at london , to which were called the bishops and all the proceres . in the ninteenth and last of his reign , all the principes met at oxford ad octavis epiphaniae , and soon after the colloquium at oxford they met at dunstaple . and he held another great council the same year at london on michaelmas tam pro negotio regni quam provisione eccles . ebor. cum episcopis & optimatibus terrae , this was both for ecclesiastical & civil matters . the council of clarendon with that part of its constitutions which hath been much controverted of late , will detain me and the reader too long to examine the several instances of great councils or of ordinary courts in this king's reign . by the examination of this possibly i may give some additional light to what i have already represented . the end of this convention was , to vindicate the crown and kingdom of england from the usurpations of the clergy , who insisted upon exemptions , and an uncontroulable license to do ill upon pretence of the sacredness of their persons . whereas the king would allow them no other priviledges , or exemptions , than what his laws had given them . this council was compos'd of more than tenants in chief , 't is call'd a great , and full parliament ; generale concilium ; the parties present are under divers denominations , all coming to the same : rex , arch. ep. ab. pr. com. bar. & proceres regni , as m. paris , rex & magnates regni , mat. west . anglicani regni praesules & proceres , gervasius ; episcopi , & proceres , radulphus de diceto . praelati , proceres & populus regni , as another , clerus & populus regni , hoveden . the whole kingdom as dr. stillingfleet shews us out of the quadripartite history . the body of the realm as sr. roger twisden terms it ; yet i conceive that the clause so much tost to and fro , without any right settlement , referrs to the ordinary curia regis , to which the kings tenants were bound by their tenure to come ; and where ordinary justice or jurisdiction in all , or most causes was exercised , and this gives some account why the bishops who have been from the normans acquisition downwards tenants in chief , because of their temporalties , and during vacancies the guardians of those temporalties , upon that very account have been particularly summon'd , why i say they should be allowed to vote in a legislative capacity which they have as proprietors , though no tenants of the king , when they proceed by way of bill of attainder , and yet tenure only qualifying them for judges in parliament ( as before in the kings ordinary curia , interesse judiciis curiae , or at least they succeeding to the jurisdiction of the tenants in the curia ) according to the constitution of clarend . that jurisdiction which they have as tenants , or as succedaneous to such , extends not to matters of blood . it will not be proved , that the coming to the great council , where the extraordinary power , justice , or legislature was exercis'd , was meerly because of tenure , and that no body had right to be of the great council but they that held in capite , or were members of the ordinary curia ; indeed when that was taken away , or disus'd , they that before were to do suit and service at the curia , were to perform it at the great court , the parliament ; for there was no other court where they could , and therefore in the 8th of ed. 2. the inhabitants of st. albans plead that they held in capite . and as other burroughs were to come to parliament pro omni servitio . but that the coming to the judgements of the ordinary curia was meerly because of tenure appears from the words of the constitution : arch. ep. &c. & universi personae regni qui de rege tenent in capite , habent possessiones suas de domino rege sicut baroniam , &c. & sicut barones caeteri debent interesse judiciis curiae regis cum baronibus , &c. that is , except as is there excepted , these ecclesiastical tenants or barons were to be present , or interested in the judgements together with the kings justices and officers , as the other barons , that is lay-tenants in capite . it seems both ecclesiasticks and lay-tenants in capite held per baroniam , yet i think caeteri barones ought to be confin'd to them that held of the king in chief by knights service , for many held in feodo firmâ by the payment of a certain rent , or petty serjeanty , the payment of a gilt spur or the like , pro omni servitio , of which the records are full , who were not ordinarily to give their attendance at the curia . but tenure per baroniam , was i take it in those times no more than tenure by knights service in capite . this perhaps i could prove by many records . i shall instance in one to the honour of a noble peer of this realm , now earl late baron of berkley , as his ancestors have been ever since the time of hen. 2. one of his ancestors had the grant of the mannor of berkley harness from hen. 2. tenendum in feodo & haereditate sibi & haeredibus suis per servitium quinque militum . an office is found in edw. the third's time upon the death of maurice berkley , and there 't is that he held per baroniam faciendo inde servitium trium militum pro omni servitio . two knights fees having been alien'd ; inde , upon the account of the barony , or rather the land , was the knights service , and the knights service made the barony , as appears , there being no particular words creating any honourable tenure , but what resulted from serving the king with men upon his own charges : the number i take it made nothing towards the nature of the tenure . these tenants by knights service , the kings barons , were obliged to be at the kings courts de more ; if at the great court when he should call them , the chief ground was upon their ordinary attendance amongst the rest of the tenants . that what relates to the curia regis within the const . of clarendon was meant of the ordinary justice of the kings court , and consequently the ordinary court , old _____ of glocester is express . yuf a man of holi-church hath ein lay fee , parson , otherwhat he be , he shall do therevore king's service , that there valth , that is right ne be vorlore . in plaiding , and in assize be ; and in judgement also . but this farther appears by the summons to , and proceedings at northampton the very next year . this hoveden calls curia regis , and mr. selden informs us out of an antient author , that the summons thither was only to the members of the ordinary curia , omnes qui de rege tenebant in capite , mandari fecit : upon the bishops withdrawing from the judging of becket , ( the ground of which i shall soon examin . ) quidam vicecomites & barones secundae dignitatis were added , 't was quidam vicecomites some sheriffs , it could not be all because several were majores barones , having the countys in fee , but this restraint seems not to reach to the barones secundae dignitatis ; suppose that it does , and so comes only to the uppermost of them , the vavasores perhaps , that is inferior or mesne lords holding mannors of others , not the king ; still here were more than tenants in chief , and to be sure , these being said to be added , were more than the members of the ordinary curia , and this court to which they were added was only the ordinary court of justice . if we can shew when this ordinary court of justice determin'd , and who succeeded into the places of the ordinary members of it , we may go farther to clear the matter in question than perhaps has yet been done . if the lords the great men , succeeded the court of tenants , and were let into that jurisdiction which they exercised , and there is no colour of proof that clergy-men in the curia regis ever voted in capital causes , but if on the other side , ( the prohibitions running against judicia sanguinis , and the constitution of clarendon referring to the curia regis , where the ordinary judicia sanguinis were agitated and pronounced ) justly , they took themselves to be excluded the curia , quando de illis materiis agitur ; it will i think be evident that the bishops , as a part of the house of lords , answering to the court of the kings tenants , never had any right to vote in capital cases . but it lyes upon me here to shew when and how the curia regis went off . i have before observed that the duty of tenants was either to attend the king in his wars , in his administration of ordinary justice , or as a council to give him aid in lieu of , or by way of advance upon their personal services in the wars . as they attended in the wars they could not be a court or council , and so no curia regis . as a court of justice , their attendance was superseded by magna charta , 2 , or 9 of hen. 3. communia placita non sequantur curiam nostram sed teneantur in aliquo loco certo . hereby the administration of justice was taken from the ordinary curia , and fix'd at the courts in westminster-hall . yet after this they continued a court , or council for aids till the 34th of edw. the first , and by that they were wholly gone as a separate court , or council ; being from that time no tax nor aid could be raised without full consent of the great council , or parliament . when this court was gone , as before i observed , we find tenants in chief pleading that their coming to the great court or parliament was pro omni servitio , which shews manifestly , that the great court not only took in the less , as it did in the nature of the thing , being that and more ; but that it preserved the image of it ; and indeed what was a duty in them that came to , or were members of the ordinary curia , turn'd to a priviledge or right in them who succeeded to the dignity , though not the services of tenants . as the tenants were obliged by their tenure interesse judiciis curiae regis , they that succeeded to their dignity had right to be judges in parliament . and whereas the curia regis , as a court of justice was taken away or defeated in the time of hen. 3. we find by britton , suppos'd to have wrote in the fifth of his immediate successor , that the barons were judges in parliament , as the tenants and officers had been in the curia regis . et en case ou nous somes partie volons que nostre court soit judge sicome counts & barons en temps de parliament . now let us return to the constitution of clarendon . the tenants whose duty it exacts ( the lay tenants disputed not ) were tenants by barony ; that is , by knights service of the person , or crown of the king , and except as there is excepted , were of duty to be present at all tryals or judgements , or to exercise jurisdiction in all causes : but judicium vitae vel membrorum they were not to meddle with ; when they came in judicio , in jurisdiction , or the tryal of causes , ad judicium vitae vel membrorum , that is to such a cause , or the exercise of such a jurisdiction , or such a tryal , they were to withdraw ; and this is the plain sense of judicium vitae vel membrorum , given us by that great judge learned both in the common and civil laws , bracton , who wrote in the reign of hen. 3. grandson to this king , who enforc'd the leges avitas , in this particular , and others contain'd in the constitution of clarendon . this great lawyer , having enumerated several priviledges , or jurisdictions , granted from kings of england to their subjects , amongst other things has these words . item si cui concedatur talis libertas quod habeat soke , & sake , toll , & them , infangthef ; & utfangthef , judicium vitae & membrorum , & furcas , & alia quae pertinent ad executionem judicii , &c. here this judicium vitae & membrorum must be meant of the whole tryal , or jurisdiction , otherwise it is supposed , that he tells us , the king granted those men liberty to pronounce , or depute those that should pronounce , the final judgment , who yet neither by themselves , nor deputies , had any thing to do with the praeliminaries , the questions arising between , and leading to the justice of the judgement , which is an absurd supposal . the having judicium , or power in judicio , does not , as i conceive , any way suppose a tryal already begun , and the bishops present so far in it ; but when it comes to the point of mutilation or death , then they have leave to withdraw ; that is , they are a court , or of the court , for such a cause , and yet they are not a court for such a cause ; for the cognizance of causes takes in the judicium , the tryal , in the agitation , agitare judicium , and in the final or solemn pronouncing of the judgement . it is indeed possible , though not rational , that the law should give the jurisdiction over part of a cause , and not the whole , yet 't is not to be imagined that such was the meaning of the law-makers , especially , when we find the words of the law , according to the sense put upon those words , by the most learn'd , in the age nighest to them that transmit the law to us , are not to be brought to such a dividing sense without a great deal of force : and to this the several other copies of this constitution give weight . but we are told that the sense is best understood by the practice of that age . if the sense be plain , a contrary practice is not to determine the sense another way , as , as great an author , the learned doctor stillingfleet , proves at large in his answer to mr. cressy's epistle apologetical , where he shews the number of statutes made against provisors , in express terms : and yet when the king of england comes to settle the points in difference , between him and pope martin the 5. there is no manner of regard had to the statutes of provisors , although so often repeated ; nor did common practice agree with the positive and plain law . but the testimony of petrus blesensis brought to prove the practice in the time of hen. 2. i could set aside with better colour , than the author of the grand question does the true sense of judicium and in judicio . for petrus blesensis joins together the principes sacerdotum and seniores populi , the last of which , in common acceptation , relates to the laity ; and for their withdrawing just at the final judgement , surely there could be no pretence from the practice of that age . but let 's take his authority , and make the best of it . principes sacerdotum & seniores populi licet non dictent judicia sanguinis , eadem tamen tractant disputando & disceptando de illis : ideo seque immunes à culpâ reputant , quod mortis aut truncationis membrorum judicium decernentes , à pronunciatione duntaxat , & executione poenalis sententiaese absentent . here he expressly confirms the sense , which i shall enforce , and makes the votings in the preliminaries , mortis aut truncationis membrorum judicium decernere . some clergy-men it seems did thus decernere judicium sanguinis , and he blames them for it , but can their practice of any thing against law be an argument that there was no law against such practice ? and besides this being brought to shew the meaning of the constitution of clarendon , which speaks only of the curia regis ; this has no colour of a proof , because they might have handled such matters in their own courts , where the king gave them judicium vitae & membrorum , as bracton has shewn us ; but that they did not in the curia regis , we are to believe , till express authority be brought to shew that they did . one of the editions of blesensis has but quidam , some of them only could dispense with the obligation ; of what nature the obligation was , i shall soon shew , and will usher it in with the judgement of mr. selden , who was best acquainted with the several copies of this constitution , and with those laws which were the ground of it , perhaps of any man since the making the constitution . the meaning of it is , says he , that all bishops , abbots , priors , and the like , that held in chief of the king had their possessions as baronies , and were accordingly to do all services , and to sit in judgement with the rest of the barons in all cases , saving cases of blood . the exceptions of cases of blood proceeded from the canon laws which prohibited clergy-men to assent to such judgements . but we are told , that hen. 2. in the parliament at northampton declar'd , that bishops were bound by virtue of the constitution of clarendon to be present , and to give their votes in cases of treason . that this was only a curia regis , no parliament , i have shewn . that it should be affirmed that the king then press'd the bishops to give their votes in a capital case , ( as the author supposes every crimen laesae majestatis then to have been ) i wonder , because 't is apparent from the circumstances that the king prest for a final judgement , and therefore could not urge that as the duty of their tenure , when even according to this learned man , the canons prohibited their pronouncing final sentence , and the king at clarendon , out of regard and reverence to the canons of the church , requir'd only that they should act in such causes , till the cause was ripe for sentence , not that they should stay at the sentence : that point he was content to yield them ; and he himself shews us out of fitz-stephen , that the bishops look'd not on the matter as capital , for they did not urge the canons in the case ; but they excus'd themselves upon the account of the arch-bishops prohibition . and the king reply'd , that ( viz. that prohibition ) had no force against the constitution of clarendon , which was in effect to say , you have no manner of pretence , no canon forbidding you to pass judgement upon becket , and therefore according to the constitution of clarendon , you ought interesse judiciis curiae regis at this time . notwithstanding the plain sense of all this , we find a very artificial management of fitz-stephens , and other authorities . 1. as if becket were accus'd of a capital matter , it being call'd crimen laesae majestatis . 2. as if the crime he was accus'd of was appealing to rome , and that such appeal was treason by the ancient common law before any statutes made . 1. i will readily grant that in the language of that age becket was accus'd or impeach'd of crimen laesae majestatis , but that all crimina laesae majestatis were then capital , glanvile , who was chief justice in that kings reign , denies . crimen quod in legibus dicitur crimen laesae majestatis , ut de nece , vel seditione personae domini regis vel regni vel exercitus , occultatio inventi thesauri fraudulosa , placita de pace domini regis infracta , &c. hereby every breach of the kings peace , was crimen laesae majestatis ; every breach of the laws by acts of injustice is a breach of his peace , contra pacem & coronam ; therefore becket having denied justice to john the marshal , and refusing to answer the king who charg'd him in account , especially standing in contempt of the kings court , was guilty of this crime . indeed glanvile when he has named homicide , malicious firings , and other crimes , adds et siquae sunt similia ; quae scilicet crimina ultimo puniuntur supplicio , aut membrorum truncatione . as if no crimes were within this name , but those which drew after them capital punishment , but that is certainly to be meant of such as are not there specified : that is , all such like crimes , provided they are capital in the punishment annext by law , are crimina laesae majestatis , though neither homicide , nor firing , &c. nor any direct and open breach of the peace . 't is evident that he confines not placita de pace infractâ to homicide and those that follow ; for he takes in assaults and batteries de verberibus , de plagis etiam . which he says are tryable by the sheriff in default of mesn lords , unless the indictment be in the kings name . nisi accusator adjiciat , de pace domini regis infractâ . but it appears from fitz-stephen , that becket was not impeach'd for appealing to rome , even upon his second impeachment , but pro ratiocinio cancellariae reddendo ; to which he pleads , that the king remitted him when he was made arch-bishop , that he then was quietus & solutus ab omni regis querelâ . but further , that he was called only to answer in the cause of john the marshal , in which he complained that he had had hard measure , but for the last neque in causâ sum ratiocinii ; neque aliquam habui ad eam citationem : still the king urges the proceres to proceed to judgement against him , he finding them ready to comply with the king , appeals to rome , and strictly enjoyns all his suffragan bishops and others not to meddle in the matter . upon this , redeunt ad regem episcopi & in pace à judicando archiepiscopo excusati à baronibus seorsim sedent , nec minus à comitibus & baronibus suum exigit rex judicium : evocantur quidam vicecomites & barones secundae dignitatis , &c. what is here like the pretence of his being accused in a capital matter , and the kings urging the bishops to judge him notwithstanding a capital accusation ? nay further , admit that he had been impeach'd of appealing to rome ( which 't is evident both from fitz-stephen and gervase that he was not ) i question whether it had been capital then , or whether the lord cook says that such an owning of the popes power was treason , by the ancient common law , before any statutes were made ; which i conceive he do's not : the most which i find in him towards this point , is of a judgement in the 30th of edw. the first , where 't is resolv'd that a subjects bringing in a bull of excommunication against another subject , and publishing it to the lord treasurer of england , was by the ancient common law of england treason . now this publishing a bull of excommunication , and thereby assuming the exercise of justice without the kings authority , is certainly a much greater offence against the kings crown and dignity , than barely the appeal : however either might have been crimina laesae majestatis , against the crown and royal dignity , and yet not capital , as glanvile shews . but this is further observable that the king himself appeal'd to the pope in this very controversie between him and becket . hâc igitur celebri celebratâ & acceleratâ appellatione misit rex , misit & archiepiscopus nuntios ad dominum papam . and according to grev. the bishops appeal'd to the pope against becket , with the great approbation of the king. wherefore the article in the constitution of clarendon touching appeals , the first declaration that i find of the law in this point , comes not up to beckets appeal . de appellationibus si emerserint ab archidiacono , debent procedere ad episcopum , ab episcopo ad archiepiscopum , et si archiepiscopus defuerit in justitiâ exhibendâ , ad dominum regem est perveniendum postremò , ut praecepto ipsius in curiâ archiepiscopi controversia terminetur ; ita quod non debet ulterius procedere absque assensu domini regis . this is of causes begun in ecclesiastical courts , these were not to go further than the archbishops court , that is , not to the pope without the kings licence ; now admit an appeal had been before the pope with the kings licence , yet it might have been crimen laesae majestatis , to put the popes sentence in execution without new licence had : but where a matter lay not in these inferiour courts , as becket's did not , whether the appealing in such a case had been against the law then , i make a doubt , i am sure it is not prov'd at least , that 't was capital . i know not of any greater penalty than a premunire ever annext to it , till the reformation . but if it were capital from the beginning , 't would not be any thing to the purpose here , because becket was not impeacht for appealing . i cannot but charge this author with a great deal of artifice in this place , and of much labour to reconcile things , as i should think , very disagreeing : he tells us that according to fitz-stephen , becket was accus'd of treason , and the bishops sate together with other barons , and because it did not come to a sentence of death , after a great debate between the other lords and bishops about pronouncing the sentence , the bishop of winchester did it : here he jumbles together , what in another place he rightly divides , he takes it right that there were two causes , the one that of john the marshal , the other that which he would make capital ; in the first , the bishops did certainly sit in judgement , there the bishop of winch. pronounc'd the sentence ; as mr. selden ( who this author confesses has printed the proceedings of this judgement very exactly ) shews out of stephanides : for this our author do's not pretend that becket was accus'd of treason , and yet he says that the bishop of winch. gave sentence , where he was accus'd of treason ; nay , though his own author stephanides is express , that upon the second charge , which contain'd the suppos'd capital matter , the bishops withdrew , & quidam vicecomites & barones secundae dignitatis were taken into the court. thus i think i have shewn that the king did not declare at northampton , that the bishops were bound by virtue of the constitution of clarendon to be present and to give their votes in cases of treason , ( as such were capital ) but rather it not being a capital case upon which the king demanded judgement , that therefore the bishops were by that constitution oblig'd to be there . admitting that this constitution is no law prohibiting clergy-men to vote in capitals , only obliging them to the duty of their tenure ; and leaving them to act in matters of blood , according as they thought themselves bound by the canons : yet i think herein it appears that those canons were received by the temporalty , and so became laws . but not to insist upon this , the question here is , 1. first , what the canon law prohibited . 2. what force that prohibition has at this day . 1. the author of the grand question has i conceive misrepresented the sense of lanfranc's canon concerning this matter , which he has render'd thus : that no bishop or clergy-man should condemn a man to death , or give vote in the sentence of condemnation . here he confines the prohibition to the final judgement only ; and yet says , lanfranc had brought the canon of the eleventh council of toledo into england : so that lanfranc's and that of toledo he yields must speak the same thing ; that of toledo , is this : his à quibus domini sacramenta tractanda sunt , judicium sanguinis agitare non licet ; & ideo magnopere talium excessibus prohibendum est , nequi praesumptionis motibus agitati aut quod morte plectandum est sententiâ propriâ judicari praesumant , aut truncationes quaslibet membrorum quibuslibet personis aut per se inferant aut inferendas praecipiant . his à quibus domini sacramenta tractanda sunt , undeniably reaches to bishops , as well as inferior clergy , and so removes the cavil which many make upon some canons , or laws , mentioning clerk , or clerus only . here 't is laid down for a principle , non debent agitare judicia , they must not to debate upon such judgements , or try such causes , that is as petrus blesensis expresses it , eadem tractare disputando & disceptando de 〈◊〉 . now can we think the wise council of toledo understood sense so little to declare , that clergy-men ought not to debate about , or try such causes , and therefore should prohibit only the final judgement ? nay 't is very clear that they , agreeably to the maxim they receive , forbid them quod morte plectendumest sententiâ propriâ judicare , to judge of , or try the matter , or cause in their own persons ; not but that where the king gave them judicium vitae & membrorum , as we find in linwood , they might delegate authority to others to judge , without breach at least of after canons . but this of toledo i conceive wholly shuts them out from the cause , or tryal of it . and according to this very author , this canon of toledo is to be taken as explanatory of lanfranc's , which is much shorter , and less express ; yet comes to the same , in the signification of the words , as well as in the intention of the council , which received the above-cited canon of toledo . lanfranc's we have in these words , iterum ut nullus episcopus vel abbas , seu quilibet ex clero hominem occidendum , vel membris truncandis judicet , vel judicantibus suae autoritatis favorem accommodet . this speaks of the man guilty of a crime worthy of death , or loss of member , the other of the cause , or matter ; which are tantamount : but by this they were not to judge themselves ; nor sit by , while others judge , or any way contribute to the judgement . but of this the great council at westminster in the year 1175. is the best interpreter . and if the clergy-men neither before the constitution of clarendon , nor by it , were excluded from medling in these causes ; they are by the last in full parliament , the testimony of which is transmitted by us by no less an author than gervase of dover , who liv'd in the very time , and whose credit this learned person supports by following him rather than matthew paris . in hoc concilio , he tells us , ad emendationem anglicanae ecclesiae assensu domini regis & primorum omnium regni haec subscripta promulgata sunt capitula : amongst which the third is this , hiis qui in sacris ordinibus constituti sunt , judicium sanguinis agitare non licet , unde prohibemus ne aut per se membrorum truncationes faciant aut inferendas judicent , &c. this is almost the same in words with that of toledo , and by the concession of the learned author of the gr. question that of toledo was then produced by richard arch-bishop of canterbury : the same we find in hoveden , said in the margent to be ex concilio toletano . judicium sanguinis agitare non licet , surely comes up to the preliminaries , and i cannot understand the coherence of saying to this effect . it is a received maxime that clergy-men ought not so much as to vote in preliminarys , relating to capital cases ; and therefore to give the final judgement is only unlawful by the canon , which declares that to vote , even in preliminarys , is unlawful . in richard the second 's time , the bishops understood not this nice reasoning , and therefore they enter their formal protestation on record . agitur de nonnullis materiis , that is capital causes , in quibus non licet nobis aut alicui eorum juxta sacrorum canonum instituta quomodolibet personaliter interesse . 't was not so much because 't was in parliament , as because matter of blood was in question . and indeed the canons mentioning judicia sanguinis , that is ordinary judgements , such as were agitated in the kings ordinary court of justice , and the constitution of clarendon referring only to that court , it appears that these constitutions were received in parliament in the reign of edw. the first . when the king ty'd up his hands from giving clergy-men power , even so much as by his special commissions , to sit upon the tryals of such causes . we for the utility of our realm and for the more assured conservation of our peace have provided and ordained that justices assigned to take assizes in every county , where they do take as they be appointed assizes , incontinent after the assizes taken in the shires , shall remain both together if they be lay. and if one of them be a clerk , then one of the most discreet knights of the shire being associate to him that is a lay-man , by our writ shall deliver the gaoles of the shires . hereby it appears that if one of the judges were a clergy-man , he was not so much as to sit with the other upon the delivery of the gaol ; that is the tryal of capital causes ; but another lay-man should be commission'd for that purpose . and agreeable to this we find in the records of the tower , that when two have been commissioned as judges for the same circuit , whereof one has been a clergy-man the other lay , the clergy-man has had only common-pleas in his commission , the other both common-pleas and pleas of the crown : nor is it material that some rolls may be found out purporting as if pleas had been held before two whereof one hapned to be a clerk ; for it is to be taken reddendo singula singulis . ( 2. ) this were enough to settle the 2d point , viz. of what force such prohibition , as i have shewn , is at this day ; but i take leave to offer farther , what as i conceive may give yet clearer satisfaction ; which is , that the difference of an ecclesiastical synod from a temporal great council , was not taken from the persons present in either , but the matters of which they treated , and the parties which managed there according to the different matters ; if ecclesiastical affairs , 't was a synod , if temporal , it had some other name , as commune concilium regni angliae , or the like to distinguish it by . the great jewel hath long since given authority to this assertion about ecclesiastical synods , which he calls concilia episcopalia : ab episcopis nomen concilia invenisse fateor , eoque dicta fuisse episcopalia : quod episcoporum judicio & prudentiâ omnia constituerentur . sed tune idcirco concilia haec nihil ad principem attinuisse colliges . as the ecclesiastical laws were supposed to lay a more immediate obligation upon the conscience , and were for the most part enforc't by ecclesiastical censures , they were call'd canons or rules , not having that outward coertion and penalties annext which others had , but yet they were no less laws . the statute of henry the 8th . which provides that no canons , constitutions or ordinance shall be made or put in execution within this realme , by authority of the convocation of the clergy , does not in the least abrogate , or condemn those which were made by the authority of the king , the clergy , and the laity : as i will not say all ecclesiastical constitutions were , from the time of william 1. to the above-mentioned synod at westminster , it is enough if that alone were so . and then if that be not repugnant to some law since made , i conceive it is still in force , having had full legal sanction . for the clearing this 't will be necessary to shew something of the nature of the ecclesiastical councils according to the modus establisht anciently in engl. i must confess that several historians , when they mention concilium totius angliae , speaking of an ecclesiastical council , add frequently , episcoporum , viz. & abbatum , nec non & multarum religiosi ordinis personarum , or to that effect . but bishop jewel has well interpreted such expressions , and therefore we need not wonder , when we find another say , lanfrancus cant. arch. & totius angliae primas diversa in diversis locis angliae celebravit concilia . though to be sure the king were sometimes jubens & praesens , as at the council at winchester . but it appears even by their own modus tenendi synodos in angliâ primaevis temporibus , which i take it was the same that was agreed on in lanfranc's time , of whom malmsbury sayes , quaesivit à senioribus episcopis qui esset ordo sedendi in concilio antiquo more statutus , &c. by their antient modus , i say , it appears that the laity were to be present in their ecclesiastical councils ; for when it mentions the clergy in order it adds , exinde introducantur laici bonae conversationis , that is probi homines , vel qui electione conjugali interesse meruerint , every lay-man of good conversation , probus homo , or free-holder in his own person , or ex electione conjugali by joint-election of the clergy and laity . it would be superfluous to produce the many authorities , which shew that the laity used to be of council in ecclesiastical affairs , as well as the clergy in temporal , and to give their assent in making canons or laws . i will instance in some very remarkable ones out of many ; one eadmerus recommends with a solemn protestation , en ordinem gestae rei teste conscientiae meae veritate , sicut eam praesens audivi & vidi , in nullam partem declinando descripsi . matilda daughter of malcolm king of scots marryed to henry the first , being reputed a nun , offers her self to be tryed by the ecclesiastical law , offert se judicio totius anglorum ecclesiae probaturam . in another place , obtulit se vel sacramento vel alia quam magis eligerint ecclesiasticâ lege probaturam , &c. at the day appointed there assembled episcopi , abbates , nobiles quique ac religiosi ordinis viri : the case appeared to be that she had taken upon her a nuns habit , but had never been profest ; whereupon anselm having stated her case to the tota regni nobilitas populusque minor , the nobility and commonalty , and in the name of god required them , quatenus siquis aliter de negotio illo sentiret ac sententia tulerat ( unde scilicet ipsam copulam secundum legem christianam fieri non debere posset ostendi ) nihil haesitans salvâ pace omnium coram proferret . here any man there had free leave to offer wherein he thought that marriage void by the christian law , or law of holy church : but cunctis unà clamantibus rem justè definitam , legitimè conjuncti sunt . had not this been to vindicate anselme , who it seems lay under the imputation of marrying the king contrary to the laws of holy church , possibly eadmerus had never given us so full an account ; but he shews very particularly how those great councils acted , that 't was in an intire body ; the assent was , cunctis unà clamantibus . if any thing was offered , or pronounced in a definitive way , which was generally dislik't , fremitu aspernabatur , as we are elsewhere told of such assemblies . if the council was divided , diversis diversae parti acclamantibus , they were forc't to adjourn or break up . thus , as 't was amongst the lacedemonians , what was propounded was determined , clamore non calculis . we have the like account of an ecclesiastical synod in the 28th of the same king. gulielmus dorobernensis congregavit generale concilium omnium ep. & abb. & quarumcunque religiosarum personarum , cui praesedit ipse . this we see was an episcopal council , and the bishop was president , but then confluxerant quoque illuc magnae multitudines clericorum laicorum tam divitum quam mediocrium , & factus est conventus grandis & inaestimabilis , here was a confluence of the inferiour clergy , and the lay-lords and commons , and the number was beyond account . acta sunt ibi de negotiis saecularibus nonnulla ; being all met together , though upon ecclesiastical affairs chiefly , yet they had colloquium about secular too ; and coming all in their own persons , ( not by way of representation , when they that were chose to come instead of the rest , might receive certain instructions according to the matter propounded for treaty , beyond which they had no power , ) it was not needful that they should know before-hand what they were to treat of , but might fall upon any thing pro re natâ . quaedam quidem determinata , quaedam dilata , quaedam verò propter nimium aestuantis turbae tumultum ab audientiâ judicantium , profligata . it seems they had appointed some judges of the pole , or rather of the noise , and the crowd was so vast , the noise so confused , that of many things they could not make any certain judgement ; some things were determined by a general acclamation , and others were prorogued to a further day . quae autem communi episcoporum consensu in ipso concilio decreta sunt & statuta , sicut illic publicè recitata sunt & suscepta , in hoc opere placuit annotare , &c. here ecclesiastical matters were first debated , and settled amongst the bishops , then they were publickly rehearsed , and either rejected , or suscepta receiv'd by the whole assembly of clergy and laity ; but this was not enough to give them the force of a law , they must have the stamp of royal authority to be currant . rex igitur cum inter haec londoniae moraretur , auditis concilii gestis consensum praebuit & confirmavit statuta concilii à guilielm . cant. arch. & rom. eccles . legati apud westm . celebrati . at this time it seems the king was not in the council , but the canons , though drawn up by the bishops , promulgated before and assented to by the body of the realm , yet had no force till authenticated by the head of the church and state. gervase of dover is little less particular in the account of the ecclesiastical synod in his time , wherein the canons or constitution declaring it unlawful for clergy-men , agitare judicia sanguinis , was embodyed into the laws of the land. ricardus vero cant. arch. totius angliae primas & apostolicae sedis legatus convocato clero angliae celebravit concilium in ecclesiâ beati petri ad westm . 15. kal. junii dominicâ ante ascensionem dom. afficerunt in hoc concilio omnes suffraganei cantuar. eccles . praeter vigorniens . qui diem clauserat extremum . in hoc concilio ad emendationem anglicanae ecclesiae assensu domini regis & primorum omnium regni haec subscripta promulgata sunt capitula . ad dextram primatis sedit episcopus londinensis quia inter episcopos cantuar. ecclesiae sussraganeos decanatus praeminet dignitate ; ad sinistram sedit episcopus winton . quia cantoris officio praecellit : caeteri tam episcopi quam abbates secundum primogenit . consecrationis suae consederunt . ipse vero archiepiscop . primas , & legatus residens in sublimi post sermonem quem tam facundè quam disertè fecit in communi de scripto legi fecit statuta concilii sui sub hac forma , &c. here it appears that their councils were held by the arch-bishops of cant. that the statutes or canons were drawn up in some private consults of bishops , but they took their force from the assents of the king and all the primores regni , the clergy and laity of the land ; and that the third canon by me cited , was a statute . this to be sure and the other ecclesiastical councils abovementioned , were more than the curia de more . i cannot , as the author of the grand question does , summ up the arguments on both sides ; for i know not one that hath yet been offered , against what i have gone upon , which may be thus represented in short , 1. that the canons prohibit the judging in capital causes , and all preliminary votes too . 2. that these canons were received by the great council of the nation , and so became incorporated into , and part of the laws of england . 3. and that they , running in the terms of judicia agitare , which in the common intendment is of ordinary justice , and the constitution of clarendon particularly referring to the ordinary court of justice , except it can be shewn that clergy-men voted in the ordinary curia ; the court of tenants and officers whilst that court continued , there is not one president against this sense of the law. if it be said they have voted in bills of attainders which in effect are judicia sanguinis : still these are not within the ordinary justice ; however if they are judicia sanguinis , in a strict sense , let them who are concerned , answer the evading the sense of the law. i shall give one plain instance of a great council , and another of an ordinary court in this kings reign , and hasten to the next . circa festum sancti pauli venit dominus rex usque northampton & magnum ibi celebravit concilium de statutis regni sui coram episcopis , comitibus & baronibus terrae , & coram eis per concilium comitum & baronum , militum & hominum suorum hanc subscriptam assisam fecit , &c. this was more than an ordinary curia , and there being the barones terrae ; the milites and homines sui are not to be taken for his feudal tenents , but his liege people . for his ordinary curia we find a clear president in the glossary of that great antiquary sir henry spelman , who if he had lived to finish the second part would certainly have given a compleat body of antiquity . we find in him the form of a fine levy'd in the ordinary curia . haec est finalis conventio facta in curia domini regis apud clarendum anno 33. regni regis henrici secundi coram domino rege & joh. filio ejus , &c. & aliis baronibus & fidelibus qui tunc ibi praesentes erant , &c. richard the first was spirited to jerusalem , and therefore we must not expect many instances from him of the one sort or t'other , but i am sure the ecclesiastical council at pipewell in northamptonshire , could not be the curia de more . sir hen. spelman calls it concilium pambritanicum , and bromton tells us in general who were at it , amongst others there were all the abbots and priors of the kingdome , but it is very manifest that they were not all tenants in chief , many holding in purâ & perpetuâ eleemosynâ , and others of temporal lords , as appears by the statute of carlisle , 34 ed. 1. and therefore this was not a court of the kings tenants and officers only . but then in november following he assembled a full parliament at london . rex congregatis episcopis , comitibus , & baronibus regni sui parliamentum habuit & tractatum . this was manifestly more than the curia regis . a great court was held the next year at bury in normandy , ricardus rex angliae festum nativitatis domini quod secunda feria illo anno evenit in normanniâ apud burium cum primatibus terrae illius celebravit . it seems he had held another court in england , for this was the second court , but the great council at london was not of either of the feast days . but let us see whether this distinction is observable in the reign of that prince upon whose charter our dispute is . he was crowned in the presence of a larger representative than the interpreters of his charter have put upon us , a populo terrae susceptus est . king john in one of his charters says , he came to the crown jure hereditario & mediante tam cleri quam populi unanimi consensu & favore . congregatis arch. ep. comitibus & baronibus atque aliis omnibus . this explains who are meant by the magnates regni , which assembled at london in the second of his reign , which , the historian not having mentioned any feast day , or saying barely that the king held his court , is to be taken for the great council : but the records give further light , they shew us that there the queen was crown'd de communi assensu & concordi voluntate arch. episcoporum , comitum , baronum , cleri & populi totius regni : nor is it a wonder that the queen being a foreigner had such a formal consent of the people to confirm her queen , for there had been at least the pretence of a law against any king of england's marrying a foreigner without the consent of the people , and therefore harold pleaded against william the first , when he urg'd his oath for placing the crown upon william's head , and marrying william's daughter , that he could not do either inconsultis principibus , or absque generali senatus & populi conventu & edicto : as another author explains the council , the consent of which harold pleaded to be necessary . from london king john issues out his summons to william king of scots to attend him at lincoln , which summons he was obliged to obey as one of his tenants in chief , but thither came more than tenants in chief , nor was it the place or time for the curia de more , and therefore the curia and general council was united , the king of scots coming as attendant upon the curia , convenerunt interea ad colloquium apud lincolniam , rex anglorum johannes & rex scotorum willielmus cum universà nobilitate tam cleri quam populi utriusque regni vndecimo kalendas decembris . as under the nobility , the senators of scotland , were comprehended all the free-holders at that time beyond dispute , 't is probable at least that our nobility was of the same extent . and for the probability of the assembling of so great a body as the proprietors of both kingdoms must have made even then , 't is observable that the meeting was without the walls , for the city was not able to hold them . the king of scots did homage upon a mountain in conspectu omnis populi , before all the people , the united body of free-holders of both kingdomes . in the third of his reign this king held his curia on christmass at guildford , and this was no more than his military council . multa militibus suis festiva distribuit indumenta , ( that is , ) in festival bounty he gave many coats to his souldiers . and that this was no more , is very evident in that the arch-bishop of canterbury to shew himself a prince in the ecclesiastical empire set up the like court of his tenants and dependants . hubertus verò cantuariensis arch. quasi cum rege à pari contendens eodem modo fecit apud cantuariam . at easter the king held his court at canterbury , where the arch-bishop by sumptuous entertainment of the king hop'd to atone for his former vain-glory. on ascension-day the king issues out his summons from theokesbery , for the holding his ordinary court at whitsontide following at portsmouth , generale proposuit edictum ut comites & barones & omnes qui militare servitium ei debebant , parati essent ad portesmue cum equis & armis ad transfretandum cum eo ad partes transmarinas in die pentecostes iam instante . those that would not pass the seas with him consented to the payment of escuage two marks of silver upon every knights fee , dantes regi de quolibet scuto duas marcas argenti . the next year he held his curia on christmass in normandy . and the year following this , he held his christmass court in normandy likewise . in the year 1204. his curia was held on christmass at canterbury , from thence he went to oxford , where were present more than the members of the ordinary curia ; convenerunt ad colloquium apud oxoniam rex & magnates angliae . indeed what is then given the king is only from his feudal tenants , but that is no argument that therefore no more were there , because the council advis'd him to charge his tenants ; nay , 't is very observable that the historian does not say that they which were there assembled gave , but ubi concessa sunt regi auxilia militaria de quolibet scuto scilicet duae marcae , that is , there escuage was given by or upon them , who held by knights service , or it might be an aid given generally by every one according to the number of acres , or value of his estate in proportion to the valuation of a knights fee. as was usually done in that and succeeding times . and then i take it provision was made for the defence of the kingdome , ( viz. ) that every nine knights throughout the kingdome should find a tenth arm'd at all points to be ready in servitio nostro ad defensionem regni quantum opus fuerit : this to be sure reacht further than to the knights by military tenure ; because every one that held a knights fee was by his tenure to find a man , and consequently this would have been a weak'ning of the kingdome to abate of their services , but it must needs have extended to all that held to the value of a knights fee , though not by knights service . this was provided communi assensu arch. ep. com. baronum & omnium fidelium nostrorum angliae . and so a general land tax . and at the same parliament the king per commune concilium regni made an assise of money . in the year 1205. he held his court at theokesbery which broke up the first day . soon after he call'd together his army , that is , those who were oblig'd by their tenure to attend him ; for though the curia de more was confin'd to certain days , yet the king made the court where-ever he pleas'd to appoint it , and the obligation to attendance at the court was indefinite ; his military council when met , refus'd to go with him beyond sea as he required , whereupon with a few of them he sets out to sea , and after he had coasted about a little , he exacted a great summ of money from those whose tenure could furnish him with a pretence for it , because they discharg'd not the duty of their tenure , occasiones praetendens quod noluerunt ipsum sequi . the next year he held his court on christmass at oxford . the historians give no mark of any thing more than an ordinary curia , but the records do . there was a grant of subsidy upon every mans personal estate per commune concilium & assensum concilii nostri apud oxoniam . this in another record is said to be by the arch. ep. abbates & magnates regni nostri , rot. par. 8 jo. m. 1. on whitsontide he held his court at portsmouth . in hebdom . pentecostes exercitum grand . apud portesmouth congregavit . but then the christmass following at winchester he held a general council , and that was on the court day . celebravit natale domini apud wintoniam praesentibus magnatibus regni . deinde in purificatione beatae mariae cepit per totam angliam tertiam decimam partem ex omnibus mobilibus & aliis rebus tam de laicis quam de viris ecclesiasticis & praelatis cunctis , murmurantibus sed contradicere non audentibus . here was a grant of what no way belong'd to tenure , and therefore all the magnates regni were privy to it , though 't was done grudgingly . in the year 1208. he held his court on christmass at windsor , where he distributed coats to his souldiers . he held his christmass court at bristol . he held a great council on the feast day at windsor praesentibus omnibus angliae magnatibus . so the year following at york praesentibus comitibus & baronibus regni . 1212. 't was but an ordinary court held at windsor , fuit ad natale apud windsor . 1213. he held his court at westminster with very few tenants ad natale domini tenuit curiam suam apud westmonasterium cum pauco admodum militum comitatu . in this year we find a military summons to more than tenants , and of an extraordinary nature . misit literas ad omnes vicecomites regni sui sub hâc formâ : rex johannes &c. summone per bonos summonitores comites , barones , milites & omnes liberos homines & servientes vel quicunque sint & de quocunque teneant , qui arma habere debent vel arma habere possint , & qui homagium nobis vel ligeantiam fecerunt . quod sicut nos & seipsos & omnia sua diligunt , sint apud deveram ad instant . clausum paschae benè parati cum equis & armis & cum toto posse suo ad defendendum caput nostrum & capita sua & terram angl. et quod nullus remaneat qui arma portare possit sub nomine culvertagii & perpetuae servitutis . et unusquisque sequatur dominum suum . et qui terram non habent & arma habere possint , illic veniant ad capiendum solidatas nostras . hereby all free-men as well as the kings tenents , nay servants , and all that ow'd allegiance to the crown , though not oblig'd to bear arms , if they could get any , were required to give their attendance , and those that had not wherewithal to maintain themselves should have the kings pay : this was upon expectation of an invasion , and therefore the assembly seems to have been as general as the summons ; but there is a shrewd circumstance to induce the belief that many considerable men not holding in chief , thought themselves not oblig'd to attendance till necessity press'd them , for otherwise he would never have been terrified into a dishonourable peace , the parting with all his right of patronage to the pope , and submitting to his pleasure , if he had not been sensible by the absence of many great men that there was truth in the french king's boast , jactat se idem rex chartas habere omnium ferè angliae magnatum de fidelitate & subjectione . but that this was not a general council of the nation appears by the statute of provisors which declares that the popes assuming the jus patronatus was an incroachment , that is usurpation , or unlawful act , which it would not have been , if the comites , barones , and turba multa nimis that unanimously agreed to those shameful terms which king john yielded , had been enough to constitute a full representative of the nation . if they had been call'd to council not to fight , then indeed upon knowledge that matters of general obligation were to be settled , though but few had come , they would have concluded the rest . the army as it was computed were about 60000 , but that being made up of servants , villains and all manner of people , 't is not to be supposed that there were there nigh the half of the proprietors , which must have been present , to make any thing of general obligation without notice of its being so intended . of the same nature with this , was that shameful resignation of the crown before mentioned near dover , whereas the first agrreement was at dover . the same year his tenants who were to maintain themselves in his court and army at their own charge , complain that he had kept them out so long that they had spent all their money and could follow him no longer unless he supply'd them out of the exchequer . this year there was a great council at st. albans where were all the magnates regni and there was a confirmation of the laws of hen. the first , whereas we find nothing of that nature at any curia of the kings tenants and officers only . the same year he held his court on christmas at windsor , but a great council was held at oxford , the summons to which mr. selden produces , but sayes the record of it for ought he had seen is without example . rex vicecomiti oxon salutem , praecipimus tibi quod omnes milites ballivae tuae , qui summoniti fuerunt ad nos à die omnium sanctorum in quind . dies , venire facias cum armis suis . upon this part 't is observable , that there had been a general notice or proclamation of the time when he would have those that ow'd him military service to attend with their armes , but the place was not named , for they were to follow him whereever he would have his court , and therefore herein was an apparent grievance in some measure redress'd by his charter two years after in ascertaining the place of meeting to consult of aids and escuage ; but besides these tenants , there were others , corpora vero baronum sine armis singulariter & quatuor discretos milites de comitatu tuo venire facias ad nos ad eundem terminum ad loquendum nobiscum de negotiis regni nostri . teste meipso apud . witten 11 die nov. eodem modo scribitur omnibus vicecomitibus . thus much i take to be clear from it , that here was an union of the ordinary curia regis , the court of the king 's military tenants , who were to attend with their armes , and of peaceable senators , in a great council . if the barones of whom the sheriff was to take special care were only such as were barons by tenure , 't is not supposable , that contrary to the obligation of their tenure , they should be ordered to come unarmed , whil'st only their tenants , or at least inferiour tenants to the king had their swords in their hands ; wherefore barones here must be taken in the most large and comprehensive sense . but this is farther observable , that where the summons was general to all the arch-bishops , bishops , abbots , priors , earles , barons , knights and free-holders , yet there has been a special inquest summoned or taken out of the generality , as in the summons to attend the justices in eyre . summoneas per bonos summ. omnes arch. ep. abb. pri. comit. baron . milites , & liberè tenentes de balliva tua , & de qualibet villâ quatuor legales homines & praepositum , & de quolibet burgo duodecim legales burgenses , &c. and even agreeably to this record of the 18 of king john , we find that in the 42 of henry the third , it was agreed , that there should be quatuor milites inquisitores , four inquisitors in every county , who were to be sworn in the county court , to enquire faithfully into the business of every county , in order to represent it at parliament , which has no semblance of their being the representatives of the counties , only the presenters and methodizers of that business , to which the great council gave their assent or dissent . from this time to the great assembly at rumny mead , i find neither a great council nor curia mentioned , that to be sure was of more than the king's tenants , as i have already shewn ; i shall only observe farther , that it consisted of that army which was got together on both sides . on the peoples side was a very great army comitum , baronum , militum & servientium , peditum & equitum cum communibus villarum & civitatum ; and after this , they had a great accession , by gaining the whole city of london , and all that were neutral before , and even most of those that had kept along with the king : upon this the king condescends to treat , the place is agreed upon , and accordingly convenerunt ad colloquium rex & magnates , who these were the record tells us , and the assembly was as general as the concession on the king's side , concessimus omnibus liberis hominibus nostris regni angliae pro nobis & haeredibus nostris in perpetuum , omnes libertates subscriptas habendas & tenendas eis & haeredibus suis de nobis & haeredibus nostris . even this was a curia regis in a large sense , but not the ordinary curia ; and though 't were the common council of the kingdom , as 't was the assembly of the whole community , yet not the ordinary common council , for that might be , and i need not scruple to say that it was , of the king's tenants and officers , which in that sense , and to the purposes for which of course it met , was the commune concilium regni , yet like the kings ordinary privy council , or his courts of justice long since settled at westminster-hall , they could exercise no act of legislation . if it be said , that the charging tenants with more than was due of custom were such an act , by the same reason the power of making by-laws would argue a legislative power , and there would be a little parliament in every village . without re-examining particular instances i conceive 't is obvious , that admit the ordinary curia regis at any time exercised a power peculiar to the great council , of which i dare boldly say there are very rare if any instances , such that it can be affirm'd with certainty this was an ordinary curia , without a more solemn convention , or summons ; yet in irregular times many of them would not make one legal president , especially against so many declarations and confirmations of the antient laws , and free customes , as princes either to obtain , or assure the crown to them swore solemnly , inviolably to observe and keep . if sometimes the marks of distinction between the curia regis , and the great council are not clearly apparent , in that the curia only might be summon'd ad colloquium , and in that sense might be styl'd parliamentum , though not generale parliamentum , and the generale parliamentum might be , as indeed it alwayes was , curia regis , though not the curia de more : yet the certain difference is upon particular instances , where the full circumstances are set down , alwayes to be known . as the ordinary curia consisted of the kings tenants , and officers ; and there appears no grievance worth publick notice to have lain on the last , nor on the first , as to their attendance at the wars , or as a court of justice , the remedy was properly apply'd by king john's charter , to that wherein they were uneasie , which was the assembling about the matters relating ad servitia to their services , without convenient notice for time , or for the occasion ; so that they might think it was only for matters of ordinary justice , which might go on well enough without them , when it was really to charge them in their properties , by such as should appear , by design and contrivance , which was a great mischief . wherefore for this the redress was , 1. that they should have forty dayes notice . 2. that the time , place and occasion of meeting should be ascertained . and then they that were there were justly concluded by the rest , and had no reason to complain of the charge . thus i conceive , i have given a rational account of this charter , and i question whether upon other grounds any man can reconcile it with the records and histories both before and since the charter till the 49 of hen. 3. when 't is supposed that more than tenants in chief , which compos'd the common council here mentioned , were let into the great , or common council of the kingdom . if they cannot , i conceive they must take my sense . for , this charter was either declarative of the law as 't was before , or introductive of a new law . if the first , then it must be interpreted by the records and histories both before , and since , till a time of change can be assign'd with some colour . if introductive of a new law , then we must see what interpretation practice has put upon it ; not that the sense of a law is alwayes to be interpreted by practice , because then we should think , especially upon the several statutes against provisors , which were rarely executed according to the letter , that we could not judge of the sense of former laws by the plain words . but if the words will any way admit of a double sense , that sense is alwayes to be taken which agrees with constant practice , especially if the sense inclines most towards the practice . i have at large shewn the evident proofs , that to the great council of the nation there us'd to come more than the king's tenants in chief , and consequently this very charter confirming free customes of every particular the place , or of the inhabitants of those places . according to this charter the common council of the nation by law consisted of more than the king's tenants in chief , and that the law was thus there is a very strong proof , which turns upon them who suppose that king john's charter gives us the full form of the great council , and that none but the king's tenants in capite , made the common council or parliament of the kingdom till 49 h. 3. in the thirty ninth year of h. 3. several years after he had granted and confirmed that famous charter , which alone obtained the addition of great , so that the magna charta or grand charter of william the first , hen. the first , king stephen , hen. the second , and king john , all lost their names , and were swallowed up in that , the baronagium or omnes fere angliae magnates refused to give a royal aid , demanded of them , the ground of their refusal is very remarkable . quod omnes tunc temporis non fuerunt juxta tenorem magnae cartae suae vocati . this some would render and call king john's charter , and that the complaint was , that the peers had not their particular summons according to the tenour of that charter . were it so , 't would prove nothing for them that urge it ; because it does not appear , but that the aid demanded might have been escuage or taillage , or both , which lay upon the king's tenants only , such a common council as that charter i conceive establishes . but it is cartae suae , not cartae regis johannis patris regis nunc : 't is the then king henry the third's charter , no man will say that 't was the barons charter , and besides it was the great charter , and no other charter then maintained that epithete . but what puts this out of dispute is , that though h. 3.'s charter was comprehensive of all the fundamentals of the government , and was so many times confirmed , and explained where it was thought needful ; yet there is not one clause referring to the great council of the nation , but what leaves to every particular place , and the inhabitants thereof all ancient customes and liberties ; so that unless it be proved that such a commune concilium regni as is in king john's charter , us'd to compose the great council exclusive of all others , ( excepting what is implyed in the general salvo at the end ) they must needs have referred themselves to the ninth chapter of henry the third's charter ( which indeed is but a revival of the law affirmed in king john's . ) whereby the city of london , all cities , burroughs , vills , townships , or parishes , the barons of the cinque ports , and all other ports were to enjoy all their liberties and free customes . that by villae is meant parishes , or townships . i think may appear from doomsday book , where villa is taken for the next division under an hundred . hic subscribitur inquisitio terrarum quo modo barones regis inquirunt ( viz. ) per sacramentum vicecomitis scirae & omnium baronum & eorum francigenarum & totius centuriae presbyteri praepositi vj. villani uniuscujusque villae . here are the sheriff , the great barons , and clergy-men and headboroughs within every hundred , and six inhabitants of every villa , parish or township , then follows an account of the several lands and tenures by hundreds and villae within those hundreds . now according to the ninth chapter of magna charta custome is to be the legal interpreter what was the great or common council of the nation , and as the whole nation is made up of cities , burroughs , and parishes or townships , they being the integral parts of every county , all the counties of england were to be summon'd according to their free customes . and methinks the right of the counties for their coming to the great council and its being preserved under the free customes of the villae , appears from the plea of the men of coventry the inhabitants of that villa in 34 ed. 1. they plead and their plea is allowed , that in the times of that king and of his progenitors , which to be sure reaches to the custome before magna charta , they us'd not to be taxt as citizens , burgesses , or tenants of the kings demesn , but only along with the community of the county of warwick , that is , with the whole county and not with the cities , burroughs , and antient demesn of the crown . so that when the commune concilium , in k. john's charter , or the kings tenants in chief , laid any charge or gave an auxilium or aid , this could not affect them ; but when they came , and agreed to any charge with the body of the county , as part thereof , then they were liable , and no otherwise : and indeed the stream of records of both h. 3. e. 1. and e. 2. evidently prove all this : but let us touch the record , ex parte eorundem hominum regi est ostensum quod cum villa praedicta , civitas , burgus , seu dominicum regis non existat , ut homines villae predictae tanquam cives burgenses seu tenentes de dominico regis in aliquibus auxiliis , tallagiis seu contributionibus regi seu progenitoribus suis concessis non consueverunt talliari , sed tantum cum communitate com. warwic . &c. no man will imagine surely the meaning of this plea to be that the vill or town of coventry was not lyable when the kings immediate tenants taxt themselves only , but they were when such tenants taxt the whole county ; for that would have been an admittance of a grievance beyond that against which they petitioned , for by that the kings tenants might have excused themselves , and have laid the burthen upon them who were not tenants in chief , so that it would have been their greatest advantage to claim the priviledge of being tenants to the crown , and in that capacity to have had a right and priviledge to be parties , and consenting to all charges and grants laid upon them , and given to the crown : and for that they might have prayed in aid and pleaded king john's charter , nor should we have met with so many records in those times , whereby so many pleaded off the tenures in capite as chargeable and burthensome ; nay even the tenure of barony it self ; but on the contrary every one would have given the king great summs of money to have changed their tenures to have held in capite ut de coronâ ( when indeed it clearly appears they did the contrary ) because they not only could save their individual estate , if they had the sole power of making laws , and giving taxes , but would have encreased and better'd them by their services and tenures , which capacitated them to lay charge upon all the barons , knights and freeholders of england who held not in chief and who were by far the major part , many of which held of the great lords by such and such duties or payments pro omni servitio , and beyond that were not lyable without their own consents to be charged ; and all this is demonstrative if any will read over and consider the infinite number of pleadings in the ages we speak of , viz. ( for some few instances ) that a. b. holds of c. d. of his mannor of e. by paying 10 s. rent or one bow and arrow , or one horse , or the like , pro omni servitio , or holds of the honour or castle of d. to find one or more men bene paratos cum armis to defend such a postern-gate or such a chamber there when summon'd by the great lord pro omni servitio ; but to charge them without their assent further , was to overthrow the very salvo in the end of henry the thirds , and in king johns charter , which runs thus . salvae sint archiepiscopis , episcopis , abbatibus , prioribus , templariis , hospitalariis , comitibus , baronibus , militibus & omnibus aliis tam ecclesiasticis personis quam secularibus omnes libertates & consuetudines quas prius habuerunt . if king john's charter , in the particular of which our dispute is , introduced a new law , then we must examine only what custome or practice followed upon it , or who made the common or great councils of the nation from that time to the 49th of henry the 3. that is , were of right to come , or to have notice of the councils sitting juxta tenorem magnae cartae suae , as is insisted upon in . the 39th of henry the 3. as above mentioned . that they were more than tenants in capite , which made the commune concilium in king johns charter , the record of the 38th of this king henry , where two for every county , besides tenants in chief ; were summon'd , were enough to evince . we there find writs to all the sheriffs of england , to summon the lesser tenants in chief , the omnes alios qui in capite tenent de nobis , as in k. johns charter , and two more to be chosen by every county respectively , the precepts recite ( though 't were falsum & deceptorium , as the historian tells us ) that the earls , barons , & caeteri magnates regni , had promis'd to be at london with horse and arms , to go towards portsmouth , in order to passing the seas with the king for gascony , against the french king who then was in war with king henry . mandamus ( says the record ) quod omnes illos de ballivâ tuâ , qui tenent viginti libratas terrae de nobis in capite , vel de aliis , qui sunt infra aetatem & in custodiâ nostrâ ad idem distringas , which was to perform their personal services , which not requiring their crossing the seas , here is a suggestion that 't was by the advice of the great council . but besides the services of tenants in chief , who were to be out upon their charges no longer than forty days ; the king wanted a supply of moneys to maintain them beyond that time , and therefore for this he directs a representative of the several counties . tibi districtè praecipimus quod praeter omnes praedictos venire faciatis coram concilio nostro apud west . in quind . paschae prox . fut . quatuor legales & discretos milites de comitatibus praedictis quos iidem com. ad hoc elegerint vice omnium & singulorum eorundem , viz. duos de uno com. & duos de alio ad provid . unà cum militibus aliorum com. quos ad eund . diem vocari fecimus , quale auxilium nobis in tantâ necessitate impendere voluerint . these were to come vice omnium & singulorum , instead or in the place of all the free-holders of the county , which asserts their personal right : but further , et tu ipse militibus & aliis de com. praed . necessitatem nostram & tam urgens negotiam nostrum diligenter exponas & ad competens auxilium nobis ad praesens impendend . efficaciter inducas , ita quod praefati quatuor milites praefato concilio nostro ad praed . term . pashae respondere possint super praed . auxil . pro singulis comitat. these were properly to come in the stead of all , for they were only deputies to carry the sense of their principals , the matter was to be propounded in the county courts before the knights there chose , & aliis , and the rest of the free-holders ; this whole assembly was to be moved to grant a large contribution , and the knights were to make the tender of their present , before the king and his council ; if the county had wholly refused , the knights had no power then to grant for them , so says the record , for it was to be propounded to all , ita quod , the knights might answer for an aid from the county . and it seems whether the counties chose deputies or not , or gave them not full instructions , the king was not able to work upon them that met at the place and time then appointed , but they broke up in great discontent . et sic cum summa indignatione tristes admodum proceres recesserunt . but if the tenants in chief made the common council of the kingdom till 49 h. 3. and had a power to tax the rest of the nation de alto & basso ad meram voluntatem suam : why this summons for a representative of the counties ? the very next year , being the 39th above-mention'd , the king sollicites them for aid . they tell the king he undertook that war against france , for which he demanded aid , sine consilio suo & baronagii sui . and when some were for complying with the kings demands : they answer , that all were not call'd according to the tenour magnae cartae suae , that is , of this kings great charter . now whether this were because many who were exempted from common summons ( for many such there were by particular charters ) had not special summons , singulatim from the king himself , or that he put a representative upon them , whereas they might plead that 't was their free custome to come themselves in person , or send as many as they pleased in their names , i need not determine ; it being enough that here were more than tenants in capite . but a mighty argument has been raised against inferiour proprietors or the barones , milites & liberè tenentes , which held not of the king , being part of the great or common council of the nation , upon such records as mention their being summon'd coram concilio . and in effect the force resolves into this , they are no part of the kings standing council , the assistants to him and his lords , or of his common council of tenants and officers in the curia , therefore no part of the great or common council of the kingdome . to clear this , i need offer but one instance of many . at christmass in the 6th of hen. the 3. he held his curia at oxford , but 't was more than a curia de more . tenuit curiam suam praesentibus comitibus & baronibus regni , words of an extensive sense , or ad natale dom. fuit apud oxoniam ubi festa natalitia solemniter cum suis magnatibus celebravit . we have a record of a subsidy granted that year , probably in that very curia , coram nobis & concilio nostro praesentibus arch. cant. ep. com. & magnatibus nostris de communi omnium voluntate . now many of these were members both of the standing council and curia too , and yet were coram nobis & concilio nostro : but the meaning of it is , that this was granted either before the king and his standing council , or the king in his curia by all these , that is , here was a conjunction of all councils in one , adunatis conciliis . but because here are only com. bar. & magnates mentioned as if here were not any but great lords : 't is to be observed , and cannot be denied by any antiquary , that free-holders , and they that came from the counties as the representatives of such , had the appellation of magnates , even a long while after : and therefore much rather before , when lands had fewer owners , the owners , especially such as came in their own persons , were magnates . in the 37 of this king in parliamento london . so mat. westm . p. 352. rex angliae r. comes norfolc . &c. caeterique magnates angliae , consented to the excommunication of all the violators of the great charter . rex & praedicti magnates , that is , as is explain'd by fleta who was judge in the 16th of edward the first , archiepiscopi , episcopi , abbates regni angliae , priores , comites , barones , milites , & alii magnates : the record goes on , & communitas populi protestantur publicè in praesentiâ arch. cant. nec non & episcoporum omnium in eodem colloquio existentium . in cujus rei test . & in posterum veritatis testimonium tam dominus rex quam praed . comites ad instantiam magnatum & populi praesentium scripto sigilla sua apposuerunt . here the communitas populi were the communitas civitatum & burgorum ; for the rest were magnates , the king and some earls subscribed at the desire of the rest . perhaps by this time they that suppose the commune consilium regni within king john's charter to have been a full parliament , or great council , till the 49th of henry the third , will compound for their notion , and will yield , that more than such often came to council , but that 't was of courtesie , and that the king 's immediate tenants alone could charge the rest , and often did . for which they have two false grounds ; though perhaps but one within the time we are now upon , yet both are worth notice . 1. they take it for granted , that the lords us'd to answer for their tenants in benevolences out of parliament ; and upon this weak , and at least uncertain foundation , they build the supposition , that they at other times represented them in all great and publick councils . 2. ( which falls within the time ) that it should seem by record , that the immediate tenants have charg'd others without their consent . 1. to prove that the lords answered for their tenants , they run back as far as william the second's reign ; when his brother robert sent to him to borrow ten thousand marks of silver , proffering normandy for security for repayment . the bishops , abbots , and abbesses , brake in pieces the silver and gold ornaments of their churches , the earls , barons , and sheriffs , suos milites spoliaverunt , that is , robbed those which were under them ; and 't is a fine president for the right of the thing , which carries sacrilege and robbery in the face of it . here the sheriffs robb'd or took away from the freeholders that were within their ball'ia or balliva , and the lords took from the tenants within theirs ; wherefore if the lords could charge their tenants , the sheriffs could the freeholders : but i would fain see one president , that the kings tenants ever answer'd for them that were within their ball'ia , further than the sheriffs did for those within theirs , which at the most was as collectors under the king , of what was duly charg'd upon their tenants ; but generally i take it , they did no more than certifie how many held of the king within their precinct , as the jurisdiction of great men extended its self within such a compass , they were best able to give the king an account of those that were liable to any payment within that ball'ia . and thus in henry the second's time , the king issues out his precept , that quilibet praesul et baro should certifie quot milites tenerent de ipso rege in capite ; this was for escuage towards the marriage of the kings daughter , to which all that held in capite were lyable ; and here the great lords were to certifie for the resiants within the compass of their leet or ball'ia , though they held not of them , but of the king : upon such certificate , according to the number they return'd , so many were enter'd in the exchequer rolls , under the name of such a lord ; and thus we find it expresly in the case of the prior of coventry . compertum est in rotulo 29 regis h. tertii sub titulo de auxilio ad primogenitam filiam regis maritandam , viz. de quolibet scuto 20 s. contineri sic . prior de coventry reddit compotum de 10 l. de decem feodis de quibus quidem decem libr ’ . willi ’ tunstall vic. dicti comitatus in compoto suo de anno 32 ipsius regis h. oneratus fuit . here so many knights fees are enter'd under the prior's name , but the sheriff collected for them . upon this the prior pleads , hoc ei non prejudicat in hac parte , dicit enim quod auxilia illa non fuerunt nec censeri possunt esse servitia , imò quaedam subsidia per magnates et communitatem régni spontaneâ et merâ voluntate regi concessa , et tam de tenentibus aliorum quam de tenentibus de domino rege levanda . 't is observable , the ground of demanding for so many knights fees was the entry on the roll in the 29th . of henry the 3d. and he pleads , that at that time the coumunitas regni were parties to the grant ; and that it was charg'd by , and lay upon more than tenants of the king in chief , but that he was chargeable upon the account of aid or service with but two knights fees , which he says may appear by the certificate of the then prior , de feodis quae ipse tunc prior tenuit de veteri feoffamento , that is , the number of knights with which he was to serve , according to the first infeodation from the crown , & de novo , which is the number of knights fees rais'd under him by sub-infeodations , the first were all that he could be answerable for , but the second could not be charg'd without their own consent , the charges upon such were , quaedam subsidia per magnates & communitatem regni spontaneâ & merâ voluntate regi concessa . and thus we find the records , ( 1. ) that the kings tenants were answerable no farther than according to the vetus feoffamentum . so in the 26th . of henry the 3d. the sheriff is requir'd to shew cause why he distrain'd a man for two knights fees , who pleads that he held but one , de veteri feoffamento . monstravit , &c. quod cum non teneat de veteri feoffamento nisi feod . unius militis in comitate tuo tu exig . &c. quantum pertinet ad feod . duorum militum & eâ occatione averia sua cepisti , &c. ( 2. ) that lords of mannors could not charge their tenants without their consent . rex omnibus & liberè tenentibus de episcopatu lond. reciting the great debts which the bishop had contracted in the kings service , the king earnestly entreats the bishops tenants to make a contribution towards the supply of his necessities , which surely need never have been , if the bishop had by virtue of the feudal law , power of charging his tenants , or raising upon them what he had pleas'd . unde vos affectuosè rogamus quatenus amoris nostri intuitu efficax ei faciatis auxilium ad debita sua quibus pro favore nostro honoratus est . ita quod exaudita in hac parte prece nostrâ precibus vestris pro loco & tempore nobis porrigendis aures benignas exhibere debeamus . ( 3. ) when there was a grant of more than from the kings immediate tenants , whose grants were in the nature of services , if it reacht beyond the vetus feoffamentum , 't was spontanea voluntate suâ & sine consuetudine . ( 2. ) but there is a knocking record which i wonder i find no where insisted upon , to prove the kings tenants to charge others . sciatis quod arch. episc . abbates , priores , comites , barones & omnes alii de regno nostro qui de nobis tenent in capite spontaneâ voluntate suâ & sine consuetudine concess . nobis efficax auxilium , &c. undeprovisum est quod habeamus de singulis feodis militum & wardis quae de nobis tenent in capite duas marcas ad praed . auxilium . here was a grant only from tenants in capite , and yet it may be urged , that other records explaining this , shew , that the grant reacht to the novum feoffamentum , as well as the vetus . but it will be said , that i make an argument for them , which they are wiser than to offer , since the records of this very cleerly overthrow it ; yet if there be no better , i may offer this , that they may cultivate and improve it . the matter of fact , i take it , was , that the tenants in capite granted by themselves a charge upon the vetus feoffamentum , and the record which mentions their grant goes no farther , but another record of a grant from ecclesiastick tenants in chief is more express , and explains the other . cum peteremus à praelatis angliae quod nobis auxilium facerent , pro magnâ necessitate nostrâ de quâ eis constabat , viz. epis . abbatibus abbissis , prioribus & priorissis qui de nobis tenent in capite ipsi nobis liberaliter concesserunt auxilium tale , viz. de singulis feodis militum suorum 40 s. de tot feodis de quot ipsi tenentur , nobis respondere quando nobis faciunt servitium militare . this is express , that the tenants in capite , granted only for so many knights fees as were of the vetus feoffamentum , that is , so many as they were to answer for , when they were to perform their military services to the crown . but whereas in the 19th . the tenants in capite were said to have made such a grant , and at the same time there was a grant which reacht to the tenants de novo feoffamento , the record mentioning that , shews us that more than tenants were parties to the grant. rex vic. somer . salutem sciatis quod comites & barones , & omnes alii , de toto regno nostro angliae spontaneâ voluntate suâ & sine consuetudine concess . nobis efficax auxilium ad magna negotia nostra expediend ▪ unde provisum est , de consilio illorum quod habeamus de singulis feodis quae de nobis tenent in capite & de wardis tam de novo feoffamento quam de veteri duas marcas . whether the tenants in capite granted at this council by themselves , or all agreed in one body , is not material , but here is a grant from all , jointly or severally ; i will shew one instance , which is barely of such a commune concilium regni , as king john's charter exhibits . rex bar. quia per commune concilium com. baronum & aliorum magnatum nobiscum in walliâ nuper existentium provisum est quod nos & ipsi qui servitium nobis fecerunt , ibidem habeamus scutagium nostrum , viz. de sicuto 40 s. pro exercitu nostro wall ’ anno regni nostri 41. vobis mandamus quod de omnibus feodis militum quae tenentur de nobis in capite vel de wardis in manu nostra existentibus exceptis feod . illorum qui brevia nostra habuerunt de scutag . suo habendo levari fac . scutag . nostrum ▪ here was a common council of tenants , such is according to their obligation of their tenure , had attended the king in his wars , and they laid escuage upon them which did not perform their services due , which still were only tenants in chief , and the tenants of the king's wards which were liable to the same service , and they which made default , were to pay escuage to the king , which he says was to his tenants too , in as much as he out of that satisfi'd their charges beyond the duty of their tenure . i think i have clear'd my way to the treasury of records in this kings reign , which acquaints us with the members of the great council of the nation . as before is observ'd , for the obtaining magna charta , and charta de forestâ , the arch. episc . abbates , priores , comites , barones , milites & liberè tenentes & omnes de regno granted a subsidie . there is a grant of carvage , which bracton says , us'd to be consensu communi totius regni , not being a service , or such as tenants only us'd to charge or pay the reward , has it , omnes magnates & fideles totius regni nostri , granted de qualibet carucatâ duos solidos . the king in his letter to the pope , says , that he had summon'd to northampton , arch. episc . abb'es ac omnes magnates totius regni , to give him concilium & auxilium . the king undertook a foreign voiage , de communi concilio omnium comitum & baronum nostrorum angliae . a fourth part of their moveables is granted by the archiepiscopi , episc . abbates , priores & clerici terras habentes quae ad ecclesias suas non pertinent , comites barones , milites , liberi homines , & villani de regno nostro . so that 't is plain here , who made the cōmune conciliū regni , and gave the subsidie , the arch-bishops , bishops , abbots , priors , inferior landed clergy-men , the counts , barons , knights , free men , it being a grant of goods not lay'd upon land ; and that it may fully express the parties to the grant , the record tells us there were the villani the inhabitants of every villa . a provision about the sheriffs turns , hundred-courts , wapentakes , and the courts of lords of mannors was de communi concilio domini cant. & omnium episc . comitum , & baronum & aliorum . comites & barones & omnes alii de toto regno nostro concess . nobis efficax auxilium , &c. it is provided , coram venerab . patre cant. arch. & coram majori parte episc . comitum & baronum totius regni nostri angliae , that no assize of darrein presentment shall be taken of any prebendary belonging to a cathedral church . at a parliament , cum ad mandatum nostrum convenirent , apud west . archiepisc . abbates , priores comites & barones totius regni nostri & tractatum haberent nobiscum de statu nostro & regni nostri , they grant a subsidy archiepis . abbates ▪ priores , & cler ’ terras habentes quae ad ecclesias suas non pertinent . comites , barones , milites , & liberi homines pro se & suis villanis 30. m. partem omnium mobilium suarum . nus volens & otroiens ke ce ke nostre — la greignure partie de eus ki est esluz paromis & par le commune da nostre roiaume a fet u fera al honir de dieu & nostre foi & pur le profit de nostre roiame sicum il ordenera seit ferm & estable en tuites chesel a tuz jurz commandous a tuz noz faus & leaus en la fei kil mis devient kil fermement teignent & jurgent a tenir & meintenir les establissements que sunt fet u sunt a fere par lariont dit conseil . this agrees with what was done afterwards , in the 42d . of this king , and it seems by this , that even in the 24th . par le commune de nostre roiaume , by the whole realm or great council , the king had a special council assigned , which was to have an extraordinary power . magnates nostri ad sedem apostolicam appellarunt & quosdam pro universitate totius baronagii angliae ad concilium in brevi celebrand ’ ad appellacionem pred ’ prosequendam duxerunt destinandos . the barnagium here according to mat. paris , were , barones , proceres & magnates , ac nobiles portuum maris habitatores , nec non clerus , & populus universus . the pope had order'd , de apostolicâ se●e , that a years profit of the churches which were of the gift of lay-men , should be settled by way of subsidy upon the church of canterbury ; but 't was deny'd in full parliament . magnates terrae nostrae noluerunt in ultimo parliamento nostro quod fuit london ut de ecclesiis ad donationem laicorum spectantibus &c. in parliamento nostro oxon. communiter fuit ordinatum , that was about settling and new modelling some things relating to the government , which the king promiseth should be done , per concilium proborum et fidelium hominum nostrorum regni angliae unà cum consilio legati domini papae . pur le profit de nostre reaum et a la request de mes hauz homes e prodes homes e du comun de nostre reaume . the king and people having in the 42 d. agreed upon a standing council , and that what they did in the way of settlement , should be effectual , and acquiesced in on all sides . cum &c. promiserimus praedictis proceribus et magnatibus nostris quod reformac'onem et ordinac'onem per praedictos vigitni quatuor vel majorem partem eorum faciend ’ ratam habebimus et firmam . &c. hereupon in the 45th they order a representation of 3. for every county , pro ea vice , but do not yet settle it for a standing rule . cum ex parte episcopi wign ’ com. leicester & gloucester ac quorundam aliorum procerum regni nostri vocati sunt tres de singulis comitatibus nostris quod sint coram ipsis ad sanctum albanum secum tractaturi super communibus negotiis regni nostri . here the lords of the council exceeded their power , and , as if the king were a cypher in the government , would have the knights from the several shires come before them ; the king , not without reason , jealous of his honour , commands , that they which had been summoned to st. albans , should come to him at windsor . nobiscum super premissis colloquium habituros . venerab . pater g. eboracensis arch. angliae primas et alii praelati magnates milites liberè tenentes et omnes alii de regno nostro servitium fecerunt et auxilium ultra quā tēporibus retractis in aliis sūmonitionibus exercitus nostri facere consueverunt . this the king promises should not be drawn into consequence ; upon an extraordinary occasion they that were not accustomed to perform military service , did it then ; and they that did owe services , did more than they were oblig'd to by their tenure ; all , as well those that held not of the king in chief , as those which did , joyn'd together and made a general charge upon the kingdom of subsidium et auxilium . in the 48th of this king , there was a right understanding between him and his people , the record sayes , haec est forma pacis a domino rege et domino edwardo filio suo praelatis et proceribus omnibus et communitate regni angliae communiter et concorditer approbata , &c. amongst other things , 't was agreed , ad reformac'onem status regni angliae , that they should chuse 3 men who should have power from the king to name nine that should be the kings standing council ; and if any of the three displeas'd the community , si videatur communitati prelatorum et baronum , one or more was to be plac'd in their room , per consilium communitatis praelatorumet baronum . and the record concludes , haec autem ordinatio facta fuit apud london de consensu voluntate et praecepto domini regis necnon praelatorum , baronum ac etiam communitatis tunc ibi praesentium . the council so chose as aforesaid , were to advise the king in hiis quae spectant ad regimen curiae , et regni . and at that time , or immediately upon it , rex statuit et ordinavit , as mr. camden tells us , whose authority i shall enforce , that none of the multitude of barons should come to parliament , but they to whom the king vouchsaf'd to send his special summons , or were chose by the people , in pursuance of the alia illa brevia . what i have already drawn from the bowels of antiquity , makes me think that mr. selden was arriv'd to this maturity of judgment , when he put out the first edition of his titles of honour ; wherein he received without doubting the testimony of the learned clarenceulx mr. camden , concerning the new modelling of the great council of england , which mr. camden tells us , he has out of an author old enough to know the truth of his assertion ; upon this authority , mr. selden took it then pro concesso , that the alteration was as is there shewn , and began in the 48th of hen. the third , and that the first summons accordingly was the 49th ; which he illustrates by the like many years after in scotland . item , the king with the consent of the hail council generally , hes statute and ordained , that the small baronnes , and free tennentes , neid not to come to parliaments nor general councels , swa that of ilk shirefdome their be send , chosen at the head court of the shirefdome , twa or maa wise men after the largeness of the shirefdome . all bishops , abbots , priors , dukes , earls , lords of parliament , and banrets , the quhilks the king will be received and summon'd to council and parliament , be his special precept . this i conceive is an illustration of mr. camden's authority . ad summum honorem pertinet , speaking of the word baro. ex quo rex henricus ex tantâ multitudine quae seditiosa et turbulenta fuit optimos quosque rescripto ad comitia parlamentaria evocaverit : ille enim , ( ex satis antiquo authore loquor ) post magnas perturbationes et enormes vexationes inter ipsum regem , et simonem de monte forti & alios barones motas , & sopitas statuit & ordinavit quod omnes illi comites & barones regni angliae quibus ipse rex dignatus est brevia summonitionis dirigere venirent ad parlament ’ suum , & non alii nisi forte dominus rex alia illa brevia dirigere voluisset , sed quod ille paulo ante obitum incepit ed. 1. ejusque successores constanter observarunt , unde illi soli regni barones censebantur qui ejusmodi summonitionum ut vocant rescriptis ad comitia evocaverant , donec r. 2. joannem de beauchamp de holt baronem de kiderminster diplomate dato 10. octob. anno nostri sui . 11. creaverit . the substance of this is , that the word baro , was applicable to the whole people , the body of free-holders , especially as assembled in parliament , till the king confer'd particular honour upon some by his especial writs of summons , and none other came , but in pursuance of the aliae illa brevia , that is , the writs for elections in counties , cities , and boroughs : that this was begun to prevent those tumults , of which both the king , and the barons , had fatal experience . that this was enacted in due form of law ; though the form is not express'd , yet 't is imply'd under the statuit & ordinavit , being words of legislation , and for confirmation , that it was so , it has been followed ever since : and that the barons by creation , who have ever since their creation had right to sit as of the higher order previous to their sitting or express summons , came not in till the 11th . of richard the second . against this mr. selden , whose insight into records and ms's made him take it ill that any should escape his view , has rais'd these objections . ( 1. ) in all occurrences that i meet with ▪ since the grand charter of king john , i find no mention of any interest that those other tenants in chief , eo nomine , had in parliament , who doubtless were the persons that were excluded from it , when soever such law was made . tanti viri pace , this objection comes not nigh the point , it not being prov'd at least , that king john's charter gives the form of a parliament or general council , or of any other than a council of the kings tenants , for matters belonging to their tenure : and this sense mr. selden himself confirms , when he says , that he finds not that the minores barones in chief , or those other tenants in chief , eo nomine , had any interest in parliament ; now not having any peculiar interest , what need of a particular exclusion ? ( 2. ) besides , we have some good testimany of barons being distinguish'd by holding in chief , from others that held not in chief , long before the end of henry the third , or the time to which that ancient author refers the law of alteration , which seems to shew , that there were then barons by writ only ; as well as ancient barons by tenure : that testimony in mat. paris , rex edicto publicè proposito ( saith , he , speaking of the 29th . of henry the third , et submonitione generaliter facto fecit notificari per totam angliam ut quilibet baro. tenens ex rege in capite haberet prompta & parata regali praecepto omnia servitia militaria , quae ei debentur tam episcopi & abbates quam laici barones . barons holding in capite are mention'd here as if some held not so , which must be such as were barons by writ only . thus much he yeilds here . if there were not barons by writ , there being in those times other barons besides barons by tenure , mr. camden and his author were in the right , and the word baro , was of large extent , that is reacht to every free-holder , who according to sir henry spelman , had that appellation . however it does not follow , because there were other barons besides barons by tenure , that they must be by writ ; for what hinders , but that they might have been by reason of their possessions , and the freer from feudall tenure , so much the rather barones , as free-men . the distinction of barones majores and minores , i take it has been moveable , sometimes all the tenants in chief were majores , as in henry the seconds time , where the barones secundae dignitatis , that is , minores , are added to sit upon the judgments with the tenants in chief : in king john's time we find majores barones holding in chief , & alios , so that , the estates of the great barons being parcel'd out , some that held immediately of the king , were minores barones , by reason of the smallness of their estates . but this is clear from record , that writs of special summons made none barons out of parliament , whatever they did in parliament , except where there was such an unusual clause as we find in a writ of summons , 27 h. 6. volumus enim vos & heredes vestros masculos de corpore vestro legitimè exeuntes barones de vescey existere . here was a special clause of creation to a barony ; but if the usual writs , quatenus , writs of summons , made none barons out of parliament , and there is not the least ground of conjecture , that such writs were devis'd in the time of henry the third , it follows , that when henry the third summon'd only his own tenants to perform their military services , not to parliament , and these were barones tenentes in capite , but there were other barons omitted , that these barons must have been such , by reason of their freehold . that an usual writ , or writs of summons , made none barons out of parliament , appears very fully in the case of thomas de furnivall , in the court of exchequer . thomas de furnivall had been amerced tanquam baro. he pleads in discharge of his amercement , that he was no baron , nor held by barony , or part of a barony , licet ipse baro non sit , nec terram suam per baroniam vel partem baroniae teneat , nihilominus idem thomas pro quibusdam defaltis in quibusdam curiis , &c. in eisdem curiis tanquam baro amerciatus fuit . now according to mr. selden's notion , he ought to have pleaded that he was no baron , in that he neither held by barony , nor had receiv'd or us'd to receive special writs of summons to parliament . but 't is observable , that the only matter put in issue by the direction of the court , was , whether he held by barony , or no , et quia barones ante quam ulterius , &c. volunt certiorari super superius suggestis . concordatum est quod inquiratur inde & quod robertus de nottingham rememerator hujus scaccarii assignetur ad capiend ’ inde inquis , &c. et datus & dies prefato thom. per attornatum suum pred hic à die pasche in unum mensem ad audiend & reccipiend inde quod cur. &c. there was an inquisition directed into the several counties , where he had lands to know how he held them , and according as his tenure appear'd to be , was he to receive judgment upon his plea ; and 't is certify'd , upon the inquisitions taken , that he held not any land per baronium vel partem baroniae , and therefore according to the sense of the whole court , though we find not the judgment then given , non fuit baro. and yet this man had been call'd to thirty parliaments before the time of his plea ; and his son , as i take it , was call'd to seven in the life-time of his father , thomas de furnivall sen. summonitus fuit per breve ad parl ’ rot. claus . 23 ed. 1. m. 9. dorso . rot. claus . 23 ed. 1. m. 3. d. 24. ed. 1. m. 7. d 25. m. 25. d. 27. m. 18. d. 28. m. 16 , 17. d. 28. m. 2 , 3. d. 30. m. 7. d. 32. m. 2. d. 33. m. 21. d. 34. m. 2. d. 35. m. 13. d. rot. claus . 1 ed. 2. m. 19. d. 1. m. 11. d. 1. m. 8. d. 2. m. 11. d. 3. m. 17. d. 3. m. 16. d. 5. m. 17. d. 5. m. 3. d. 6. m. 31. d. 6. m. 17. d. 6. m. 2. d. 7. m. 15. d. 8. m. 25. d. 8. m. 29. d. 9. m. 22. d. 11. m. 14. d. 11. m. 12. d. 11. m. 8. d. thomas de furnival , jun. rot. claus . 12. d. 2. m. 29. d. 12. m. 11. d. 13. m. 13. d. 14. m. 23. d. 15. m. d. 16. m. 26. d. 17. m. 27. d. this great man was no baron in the sense of the word baron then appropriated , the several writs of summons had made him no baron , and yet he was a lord of parliament , and since the king dignatus est brevia summonitionis ad eum dirigere , according to mr. camden , he being before one of the multitude of barons , the word baro which was applicable to all the nobility , the free-holders in him , pertinebat ad summum honorem . mr. selden's last objection is this , ( 3. ) that old author also used by the learned camden , speaks of earls no otherwise than of barons , as if some like exclusion had been of any of them also ; than which nothing can be more advers to the known truth both of that age , and all times , and even in that we have some character of the slightness of his authority , whosoever he were . this i conceive can be of no great weight , for he might as well have said that barons were never excluded before , and by the same consequence not then ; for i know not how any man can prove , that earls had more right than barons , in the most honourable acceptation especially . but this being then made a law , 't is not improbable , that the disposition of this honour of receiving particular writs of summons to parliament , might have been lodg'd in the breast of the king , who is the fountain of honour ; nor is it likely that any earl , but he that justly forfeited the kings favour , would have been denied it ; however , he were deprived of no natural right . since the 11th . of richard the second , indeed , the nobility have had settled rights by patents , which are as so many constant warrants for the chancellor to issue out the writs of summons , ex debito justitiae ; with this agrees the great antiquary , sir henry spelman . sic antiquae illa baronum dignitas secessit in titularem & arbitrariam regioque tandem diplomate id circo dispensata est . upon the dissolution of the separate court of tenants , the tenants still succeeding to that jurisdiction and preference in the way of being call'd to the great court , which they had in and to the less , without such a provision as mr. camden takes notice of , i will grant , that the majores barones holding in chief , ex debito justitiae , would have had right to special summons , but the lesser tenants had the same right to a general summons ; and the right of being represented , as properly concluded , the one as the other , unless where the king had exerted his prerogative . but where the king ex tantâ multitudine baronum , differing in their circumstances , ( some holding of him immediately , others of measn lords , and his very tenants being divided into two different classes , of majores and minores ) advanc'd some to be of his particular council in parliament . this , with submission , i take it , made them not judges in parliament , eonomine ▪ because a court may amerce its own members , but counts and barons by magna charta , are not amerceable but by their peers , and therefore none but their peers could without their own consent be of the court with them ; which though they might be with consent , as to all acts amongst themselves , still it would be a question how far they might without particular patent or writ creating them to such honour ; act in that station to the prejudice of others . that special summons to parliament , without a seat there granted and settled by the king , gives no man vote amongst those who now have right to such summons , appears , in that the judges and masters in chancery have had the same writs with the lords ; and yet are , and have been , but assistants to them , no members of their house . the great tenents in chief , and others , in equal circumstances , were pares to one another , and if such an one was chose knight of a shire , though the lord coke says , the king could not grant a writ to supersede his coming that was so chose , because 't was for the good of the commonwealth ; yet he being look'd upon as one that ordinarily would be specially summon'd , the king might supersede it ; and thus we find even before any settled right by patent . rex vicecomiti surria salutem , quia ut accepimus tu thomam camoys chivaler , qui banneretus est sicut quam plures antecessorum suorum extiterint ad essendum . unum militum venientium ad proximum parliamentū nostrū pro coōmunitate comitatus praedicti de assensu ejusdem comitatus elegisti , nos advertentes quod hujusmodi banneretti , ante haec tempora in milites comitatus ratione alicujus parlamenti eligi minimè consueverunt , ipsum de officio militis ad dictum parlamentum pro communitate com ’ praedict venturi exonerari volumus , &c. when tenants in chief , oreorum pares , werce call'd by special writ , they very properly exercised the same jurisdiction which tenants did before in their separate court. in the 5th . of richard the second , many having refused attendance , and not owning themselves liable to amercements , because of absence , if tenure laid not a special obligation upon them , comes an act of parliament which makes it penal to refuse , or rather delares , that the law was so of old . all singular persons and communalties ▪ which from henceforth shall have the summons of parliament , shall come from henceforth to the parliament , in the manner as they be bounden to do , and hath been accustomed , within the realm of england of old times , and every person of the same realm , which from henceforth shall have the said summons ( be he arch-bishop , bishop , abbot , prior , duke , earl , baron , banneret , knight of the shire , citizens of city , burgeis of burgh , or other singular person , or commonalty , do absent himself , and come not at the said summons , except he may reasonably and honestly excuse himself to our said sovereign lord the king , he shall be amerced , and otherwise punished , as of old times hath been used to be done in the said realm ) in the said case . this shews that of old time , they who were summon'd by the king , or chose by the people , ought to come to parliament ; but this being before any patent , or writ of creation to the dignity of peer , and to a seat in parliament , supposes no obligation upon the king to give any special summons ; indeed where he had granted charters of exemptions from common summons , there he had oblig'd himself ( if he would have them oblig'd by what pass'd ) to give special summons , were it not that they might have been chose in the counties particularly , ( which alters the case from what it were , if every body came , or might come in their own persons , some by special , others by general summon's ) but this exemption , and particular summon's after it , made none peers that they found not so , but they that came were to come as they were bounden , and insuch manner , as had been accustomed of old . which is pregnant with a negative , as if it were in such manner , and no other manner , quality , or degree : and thus they us'd that to come as assistants to the lords , continue even at this day to come in the same manner , and no otherwise , notwithstanding particular writs of summon's eodem modo as to the lords of parliament . this is further observable , that in the forecited statute , and records , bannerets are spoken of as above knights of the shire , and these were certainly some of the pares baronum which often occur to us . if these receiv'd their summons to parliament , it seems , as it had been of old accustomed , they were to have voices with the barons . it may be urg'd , that they which held by barony , and their peers , pares baronum , were by the law exempted from being of common juries , because they were lords of parliament : and therefore they were to come of course and right . to which it may be answerered , that is a priviledge above the rest of their fellow subjects , to be own'd by them , as being in common intendment likely to be call'd to parliament , and therefore so accounted by the courtesy of england ; but what do's this signifie to bind the king ? who is above the reach of an act of parliament , unless particularly nam'd . but for this a resolution by all the judges of england in the reign of hen. the 8th . is a full authority , where 't is adjudged , that the king may hold his parliament without such lords as come onely upon the account of their possessions . the same in effect mr. selden tells us , in in his notes upon eadmerus , neque eos ( speaking of barones ) duntaxat ut hodie significare , quibus peculiaris ordinum comitiis locus est , sed universos qui saltem beatiores regia munificentia &c. latifundia possidebant . so that he was of opinion here , that there were several who had great estates of the immediate grant of the crown , who yet had no seat in the house of lords . i would not be thought to assert any thing dogmatically , i onely offer by way of learning , some thing which perhaps will be look'd on as paradoxes at the least . i divide not my matter into heads and positions , because i run counter to the sense of many great names : and the direct opposing such in thesi would be invidious , and gain a disadvantage to the authorities i produce . if any body will take the pains to shew me , by authentick proofs and warrantable reasons , that all or most of the records or histories by me cited , or others not occurring to me , ought to be taken in a sense contrary to what has appeared to me , i shall thankfully receive and acknowledg his instructions ; but till then i must crave pardon if i cannot swallow or digest any learned modern antiquarie's bare ipse dixit , where i find the best of our historians and a series of records in my judgment diametrically opposing and contradicting their positions and assertions i am aware , that besides the many slips of an hasty pen , and the weakness perhaps of several of the inferences , which amongst some avocations may have pass'd neglected ; there is a material objection against the foundation of the whole , which is the general agreement of records and histories , that till the 48th or 49th of henry the third , all proprietors of land came to the great council without any settled exclusion ▪ when yet we many times find that the councils were held in churches , or halls , and yet at those times 't is said that the populus were there as if the great men were the standing representative body of the nation , and answer'd for all the people , the freeholders of the nation . to which i answer , ( according to the modus tenendi synodos , which i may apply to the civil councils ) that the probi homines , or bonae conversationis came sometimes in their own persons , and when they agreed to it , which was no abridgment of their personal right , they came by representation ex electione , and every one was there himself virtually by his deputy , but they often met in vast bodies , and in capacious places , both in the saxon times , and after william the first obtained the imperial crown . the whole body of proprietors were assembled at runemed between stanes and windsor at the passing of king john's charter ; and if we believe matth. westminster , it was not unusual for the kings of england long before king john's time , at that very place to meet their people to treat of the affairs of the kingdom . maximus tractatus habebatur inter regem et barones de pace regni inter stanes & windsoram in prato quod dicitur runemed quod interpretatur pratum concilii eö quod ab antiquis temporibus ibi de pace regni saepius consilia tractabantur . this shews the usual places of assembling to have been large enough for all the people , which are in so many records and histories printed and in manuscript , said to have been present at the great or general councils ; i shall conclude with one instance of the parties present at such a council , which is deliver'd with sufficient perspicuity . anselm in one of his disputes with henry the first , desires the debate may be adjourn'd till the easter following . differantur haec si placet usqu ; in pascha ut audito episcoporum , regnique primatum consilio , qui modò non assunt respondeam hinc . upon this anselm comes to the court at easter , igitur in pascha curiam venit regni ingenuitatem praesens consulit , communi consilii vocem accepit , &c. here the council episcoporum et primatum , to which he referr'd himself , was reciprocal with the ingenuitas regni , that is , as sir henry spelman shews us , the liberi et legales homines , the good honest freeholders , some of which were no better than plebeians . and therefore this authority alone , especially as 't is strengthned by those others to the same purpose , which i have cited absque dolo et malo ingenio , evince to me , that he or they who put out the second part of sir spelman's glossary , did not do right to his memory , in representing him affirming , that the plebs , the ingenuitas , or liberi et legales homines , as he himself tells us the word ingenuus , has anciently been us'd , are no where amongst the several councils which he had read of , mention'd to have been there , from the entrance of william the first , to the end of henry the third . the words to this purpose which i conceive are put upon him , are these , sine ut sodes dicam collegisse me centenas reor comitiorum edictiones ( tenoresque plurimorum ) ab ingressu gulielmii ad excessum henrici 3. existentium nec in tantâ multitudine de plebe uspiam reperisse aliquid . indeed notice being taken of those councils where were optimates et barones totius angliae , and of that famous assembly at salisbury-plain of the barones et vicecomites cum suis militibus , in pursuance of the summons of william the first , the positiveness of the assertion is restrain'd with a ni in his dilituerit . but what doubt can be made of those words , whereby they are expresly mention'd , and that according to the true sir henry spelman , i am not yet aware of . finis . errata . page 3. l. 16. r. tzurick for tours : p. 5. margin . r. contemporaneo ▪ p. 8. l. 12. for william read hugh : p. 9. l. 9. r. attendance : p. 10. l. 7. add laici before omnes : p. 12. l. 29. joyn a to part : p. 17. l. 4. r. fuerat : p. 25. l 6. add est de before antiquo : l. 7. dele est de : p. 27. marg . r. hil. for mich. p. 35. l. 3. add è before tota : p. 40. l. 22. r. illuc : l. 19. r. knight for knights : p. 45. last l. r. antequam : p. 47. l. 4. dele comma after sheriffs : l. 15. r. vias : l. 19. dele s after knight : p. 53. l. 28. make a comma after kings title : l. 29. r. election : p. 60. l. 28. add is after that : p. 63. l. 18. r. of for in : p. 64. l. 14. put a comma after only : p. 65. l. 15. r. 't was : p. 66. l. 7. put a comma after nobility : l. 10. after londoners make a comma : so after citizens : l. 11. put a comma after amongst them : p. 68. l. 14. r. matilda : p. 206. l. 2. r. plectendum : l. 3. r. judicare : p. 217. l. 11. r. affuerunt : p. 228. l. 9. r. doveram : p. 237. l. 7. add the before free customs : l. 8. dele the : 2d . sheet of p. 237. l. 13. r. militibus : p. 238. l. 9. r. tenants us'd : p. 240. l. 20. r. de scuto : l. 28. r. the for their : p. 241. l. 11. dele s after acquaint : l. 22. r. record : p. 245. l. 2. r. negotium : p. 246. l. 5. r. retroactis : p. 247. l. 23. r. his instead of this : p. 251. margin . r. proprietariis : p. 255. r. baro : l. 21. put a comma after freeholders : p. 261. l. 1. r. that before us'd : p. 262. l. 20. add s to thing : p. 265. l. 14. add s to ●●mmuni . a catalogue of some books , lately printed for tho. basset at the george in fleet-street . an institution of general history , or the histo of the world in two volumns in folio , by dr. william howel , chancellor of lincoln . printed 1680. historical collections , being an exact account of the proceedings of the four last parliaments of the renowned princess queen elizabeth , containing the journals of both houses , with their several speeches , arguments , motions , &c. in folio , writ by hayward townshend esq then a member of parliament , printed 1680. the antient right of the commons of england asserted , or a discourse proving by records , and the best historians , that the commons of england were ever an essential part of parliament , by william petyt of the inner temple esq of the french monarchy , and absolute power , and also a treatise of the three states , and their power , deduced from the most authentick histories , for above 1200 years , and digested this latter , by mat. zampini de recanati . l. l. d. the constitution of parliaments in england , deduced from the time of king edward the second , illustrated by king charles the second , in his parliament summon'd the 18th . febr. 1660 / 1. and dissolved the 14th . jan. 1678 / 9. with an appendix of its sessions , in oct. the politicks of france , by monsieur p. h. marquis of c. with reflections on the 4th . and 5th . chapters : wherein he censures the roman clergy , and the hugenots ; by the sir l'ormegregny . le beau pleadeur , a book of entries containing declarations , informations , and other select and approved pleadings , with special verdicts , and demurrers , in most actions real , personal , and mixt , which have been argued , and adjudged in the courts at westminster , together with faithful references to the most authentick printed law books now extant , where the cases of these entries are reported , and a more copious and useful table than hath been hitherto printed in any book of entries , by the reverend sir humphrey winch knight , sometime one of the justices of the court of common pleas. a display of heraldry , manifesting a more easie access to the knowledg thereof than hath been hitherto published by any , through the benefit of method ; whereunto it is now reduced by the study and industry of john guillim ; late pursuivant at arms. the 5th . edition much enlarged with great variety of bearings , to which is added a treatise of honour military , and civil , according to the laws and customs of england , collected out of the most authentick authors both ancient and modern , by capt. john logan , illustrated with variety of sculptures suitable to the several subjects ; to which is added a catalogue of the atcheivments of the nobility of england , with divers of the gentry for examples of bearings . now in the press dr. heylins help to the english history , with very large additions . notes, typically marginal, from the original text notes for div a26172-e230 petyt 's appendix , p. 131. bracton . lib. 2. cap. 16. p. 37. charges upon the land according to the value or number of acres . charta johannis 17. regni , anno 1215. tiguri , fol. 247. magna carta , cap. 9. 2 iust . fol. 20. titles of honour , f. 586 , & 587. rot. claus . 17 johannis dorso m 21. rot pat. 17 johannis pars unica m. 13. n. 3. ib. m. ●3 . dorso . magna charta cap. 38. confirmatio magna chartae facta 2. h 3. in consimili formâ cum magna charta 9. hen. 3. ( testibus & data exceptis ) exemplificata & confirmata 25. edw. 1. prout charta de forestâ . ex ms contemporaneâ statutor . penes sam. balduin equitem auratum & servient . ad legèm . et de scutagiis assidendis faciemas summoneri , &c. that is such of the majores as held intra 〈◊〉 . aid upon tenants in common socage . escuage upon tenants by knights service . chester . tit. honor. 1 edit . p. 247. see leicester's survey of cheshire . 20. h. 3. m. paris fol. 563. ed. lond. tit. honour 1 ed. p. 233. selden , ib. domesday in cheshire saith , comes tenet comitatum de rege . see leicester 's survey of cheshire . mat. p. fo . 497. ed. lond. anno 1232. 17o. h. 3. m. p. an. 1205. 7o. johannis . mat. pared . tig. f. 359. nequi magnates viz. comes , baro , miles seualiqua alia notabilis persona rot. claus . 3 e. 2. m. 16. dor . m. p. f. 359. an. 1232. 17o. rs. h. 3. nota , this shews that the tenants in capite were not all the council , because they in particular are taken notice of amongst them which came to that council . the earl of chester was not to attend the king in his wars , nor to pay escuage in lieu of military service , because all his tenure was to keep to the defence of the marches . rot. pat. 44 h. 3. m. 1. dor . 22o. ed. 1. n. 45. sub custod . camerar in scaccario . rot. pat. 2. ed. 1. m. 6. rot pat 20. ed. 1. m. 6. bundella literar . in turre london . an. 8. h 3. ne qui magnates viz. comes , baro , miles seu aliqua alia notabilis persona , &c. rot. claus . 3 e. 2. m. 16. dor . rot. parl. 40 ed. 3. n. 7 , 8. matt. par. p. 236. hooker eccles . lib. fol. 29. matt. paris ann. 1212. 14 johannis . matt. par. matt. par. knyghton . matt. west . fol. 271. matt. west . fol. 271. ms. cod. ex bib. dom. wild nuper defunct . note , a common lord had aid in the like case by king john's charter . william 1. seldeni ad fadmer . & notae & specilegium fol. 190. ib. cap. 52 , 59. et ad judicium rectum & sustitiam constanter omnibus modis pro posse suo sine dolo & sine dilatione faciend . ib. knyghton , fol. 2358. leges will. 1. servitutes rusticorum praediorum sunt haec , iter , actus , via , aquaeductus . digest . lib. 8. tit . 3. servitutum non ea natura est ut aliquid faciat , sed ut aliquid patiatur , vel non faciat , ib. fol. 215. sim dunelm . fol. 212. 1084. 14 will. 1. 2. inst . f●l . 232. inter brevia directa baron . de term . mich. 32 ed. 1. m. 4. dorso penos rem . regis in scaccario . the same plea for the earl of glocest. and herts . allowed , ib. m. 5. inter brevia directa baron . de term. hill. 33 ed. 1. penes rem . domini thes . in scaccario . inter communia de term mich. 31 hen. 3. penes rem . domini regis in scaccario . rot. claus . 11 hen. 3. m. 19. de term . hill. 39 h. 3. penes rem . regis in scaccario . nota. supra inter communia de term. mich. penes rem . regis . m. p. fol. 224. ed. tig. 34 ed. 1. cap. 1. coke 2. inst . 532. rot. claus . 34 ed. 1. m. 16. dorso . 25 ed. 1. cap. 6. in this part declarative of the law , as by king john's charter . carta , hen. 1. anno 948. vita aelfredi , fol. 124. ne qui magnates viz. comes , baro , miles seu aliquae alia notabilis persona , &c. rot. claus . 3. e. 2. m. 16. d. carta edgari regis ex registro de ramsey in scaccario penes rem . regis , fol. 336. thani autem appellatione , viri interdum nobiles interdum liberae conditionis homines , in terdum magistratus , atque saepenumerò ministri notantur , glos . ad finem lamb. archaionomia . vide hackwel 's ancient customs of england , p. 97 , spelm. glossar . de hundred● . vide lambart . de priscis legibus . in vita aelfredi , fol. sym. dunelm . fol. 243. anno 1121. so. mat. west . f. 352. of the 37 hen. 3. adunato magno parliamento edicto regio . ead. l. 1. fol. 9. nobiles , minores sunt equites sive milites , armigeri & qui vulgo generosi & gentlemen dicuntur , camb. brit. fol. 123. lambert de priscis legibus . the county was satrapia , as they that composed it were satrapae , so in a ms. cited by mr. selden , a tryal is had at london before the principes , duces , lawyers and satrapae , and the same renewed at northampton , is said to be congregatâ ibi totâ provinciâ sive vicecomitatu coram cunctis . titles of honour , fol. 524 , & 525. bromton , fol. 872. bromton . fol. 924. canuti leges . bracton , lib. 3. p. 105 , in praecipuis festis profusè convivabat natale domini apud gloverniam , pascha apud wintoniam , pentecoste apud westm . quando in anglia foret tenere consuevit knyghton , fol. 2354. william 1. an. 1067. titles of honour , p. 581. eadmeri hist . nov . ● . 1. fol. 9. cod. roff. ms. seldeni notae in eadmer . fol. 197. ms. historia de terris aedel woldi scriptus est hic liber temporibus hen. 1. jussu herveri episc . eleensis primi . so the record inter com . de term. pasc . 18. r. e. fib . r. e. breve aliud p. 107. a. a jury . under tenants . lords of mannors . aliud . these had lands which belonged to the abby , as appears in the inquisition . eadmerus codex roff. seldens spic . ad edm. fo . 200. bracton fo . 1. cook. 6. rep. fo . 11. a. & b. gentlemans case . pl. dom. r. apud berwick super tweedam de octab. sanctae tr. an. r. ed. fil . r. h. 2º coram gilberto de thornton reog . brabazon . & rob. malet . just . ad pl , ejusdem dom. r. tenend . assignat . rot. pat. 42. h. 3. m. 10. & m. 4. stat. staple 27 ed. 3. an. 1353. sym : dunelm . f. 213. el. wygorn . f. 641. nec multo post ( viz. ) post curiam mandavit ut arch. ep. com. bar. vicecom . cum suis mi lit . sibi occurrerent , saresberiae quo cum venissent milites illorum sibi fidel . contra omnes homines jurare coegit . cowslli ins . juris , ang. de libertinis tit. 50. p. 11. inter leges wil. 1. cap. 65. seldeni ad ead. notae & spicel . stat. west . 1. rot. claus . 38. hen. 3. rot. claus . h. 3. p. 1. m. 18. it appears by another record that this shrivalty was of fee in the count according to the exception in the statute , which gives each county leave to chuse . rot. claus . an. 11. h. 3. vide leges edw. renov 4. wil. 1. isti vero viri viz. heretochii eligebantur per commune concilium , pro communi utilitate regni p● provincias & patrias universas & per singulos comitatus in pleno folemo●● sicut & vicecomites provinciarum & comitat. elegi debent . lambert a●chaio nomia ed cant. fo . 147. 2. iust . f. 74. 〈…〉 neither had we any of dignity although the office in some places hath been hereditary from antient time . until hen. 6. tit. of hon. 1. ed. p. 255. & 256. sym. dunelm . fo . 213. tit. of hon. 1 ed. p. 373. assisa de armis 27. hen. 2. tit. hon. 1 ed. p. 306. s. dunelm . lamb. archaionom . leges ed. f. 146. omnes proceres & milites & liberi homines universitotius regni britanniae facere debent in pleno folemote fidelitatem dom. regi coram episcopis regni . this seems to be meant of a court of all the counties and then confirms my sense . in express terms . claus . 1 h. 3. m 14. dorso . rolls . rep. rot. claus . 33. e. 1. m. 15. dor . rot. claus . 5. e. 2. m. 21. dor . actus pontif . cant. autore gervatio dor. f. 1653. antiq. brit. f. 110. relat. wil. primi ad finem tractat . de gavelkind a sylâ tay. ed. p. 194. r. hoveden fo . 453. fecit summoniri , &c. nobiles sapientes . &c. electi igitur de sing . totius patriae comit. viri duodecim , &c. lamberts archionom . fo . 138. seld. spicil . f. 171. an. 1083. 17 will. 1. gerv. dorob . actus pontif . f. 1653. tota angliae nobititas in unum collecta , quasi sub numero non cadebat , matt. paris p. 255. monachus anongm . ord. st. bened . p 44. an. 1084. 18 will. 1. ( i. e. ) curia regis , ord●ricus vitalis fol. 647. an. 1085. 19 will. 1. s. dunelm . fol. 213. spelm. glos . 2 ▪ part . fol. 451. tit . parl. seldeni aut & spic . ad eadmerum , fol. 168. an. 1087. bromton , fol. 983. malmesb. fol. 120. s. dunelm fol ▪ 215. rog. hoveden , fol. 461. an. 1088. bromton , fol. 983. an. 1089. 3 will. 2. order . vital . fol. 680. an. 1093. 7. will. 2. eadmerus , fol. 16. gondulfus roff. ep. monac . bec. inter anselm . epist . lib. 3. an. 1094. 8. will. 2. eadmerus , fol. 24 , & 25. eadmerus , fol. 26. an. 1095. 9. will. 2. fol. 27. fol. 28. fol. 29. fol. 31. fol. 34. spelman concil . vol. 2. fol. 16. jewelli apcontra hard. fol. 455. eadmerus , fol. 39. eadmerus , fol. 34. an 1097. 10. will. 2. eadmerus , fol. 38. eadmerus , fol. 38. spelman glos . 2. part . tit . par. sim. dunelm . fol. 218. an. 1093. titles of honour . 1. ed. p. 287. rad. de diceto . fol. 492. christmass court. huntington fol. 578. note , he lived but in the time of henry the eighth . lambert's archaion , pag. 26● , 263. pag. 237. eadmerus , fol. 49. fol. 94. & 105. matt. paris , ed. tig. fol. 54. mat. par. f. 52 , & 53. florentius wigorn. an. 1129. an. 1131. 32 hen. 1. huntington fol. 384. 1 stephani an. 1135. rich. hagustal . p. 312. joh. hagust . f. 258. mat. par. f. 71. rich. hagust . f. 314. an. 1138. 3. step. malmsbury f. 181 , & 183. malmsbury hist. nov. 2. p. 188. 189. stat. of merton . cap. 6. 1 inst . f. 80. statuta regni polonici . continua . ad floren. wig. f. 671. an. 1141. 7 step. h. hunt f. 392. an. 1143. neubergensis p. 37. radulphi polycron . 1152. 17. stephani ger. dorober . f. 1379. an. 1154. h. hunt f. 398. 19. step. neu●ergensis lib. 1. c. 32. brompton f. 1040. henr. 2. 11 hen. 2. an. 1164. vid still . answer to cressy 's apol . à p. 377. usque ad finem . titles of honour , fol. 582. m. p. fol. 96. ma. west . fol. 248. gervasius dor. fol. 1385. imag. hist . fo . 536. antiq. brit. in vitâ tho. becket fo . 133. hoveden fo . 493. answer to cressy's apol. p. 392. 11 article conc. clar. grand quest . p. 152. 8 ed. 2. qui habent personatum . ger. dorob . fo . 1387. cum baronibus suis , seldens jan. angl. facies altera , p. 9● com. de term. pasch . 4 ed. 3. penes rem . dom. thes . in scac . jani anglorum facies altera , p. 100. hoveden , fo . 494. tit. of honour , fo . 583. evocantur quidam vicecomites & secundae dignitatis barones , antiqui dierum , ut addantur tis & assint judicio , stephan . ms. magna charta , cap. 11. this explained by articuli super chart . stat. 34 ed. 1. de tallagio non concedendo . britton p. 41. the king 's bench. debent interesse judic . curiae regis , &c. usque perveniatur in judicio . gerv. dorob . & vat . cop . quousque perveniatur ad diminutionem membrorum vel ad mortem . ma. par. & others . this the author of the grand question follows as most authentick . bracton lib. 2. cap. 24. p. 56. grand question , p. 34. grand quest . p. 34. still . answer to cressy , à p. 339. ad p. 447. p. 449. grand quest . p. 34. titles of honour , fo . 582. so of glocest . bote war man shall be belemed other to deth ido . jani anglorum facies altera , p. 100. grand quest . p. 40. p. 28. grand quest . p. 40. ejus simplex prohibitio . steph. ms. grand quest . p. 40. glanvile de legibus lib. 1. c. 2. glanv . p. 2. stephanides . so gerv. dorob . f. 1389. grand question , p. 40. cook de jure regis ecclesiastico . 5. rep. gervasius dorob . f. 1400. ex communi consilio , nos inquiunt , eum appellabimus coram papâ , de facili convincetus , sine remedio deponetur , quae cum plurimum placerent regi , exierunt omnes ep. gerv. dor. f. 1392. gerv. dor. f. 1387. p. 35. grand question , p. 38. grand question , p. 27. concil . toletan . 11. cap. 6. edit . madr. f. 553. 〈…〉 grand question , p. 27. spelman 's concil . 2 vol. f. 11. an. 1175. 22 hen. 2. pa. 30. ann. 1175. 22 h. 2. gerv. dor. f. 1429. grand question , p. 42. hoveden , f. 543. grand quest . p. 46. 28 ed. 1. cap. 3. jewel contra ward , p. 518. 25 hen. 8. cap 19. ex cod. ms. in bib. cot. sub effigie domitiani , a. 5. n. 2. spelm. conc. v. 2. f. 3. malmesburiensis , f. 118. spelm. conc. vol. 2. f. 1. ex pervetusto ms. cod. in bibl . cot. sub effigie cleopatrae . c. 8. f. 35. eadmer . hist . nov. f. 58. eadmer . f. 57. f. 58. contin . ad flor. wigor . an. 1127. 28 h. 1. contin . ad flor. f. 663. chronica ger. dorob . f. 1429. 〈…〉 sup . n. this was according to the modus tenendi synodos , secundum ordinationis suae tempus resideant , only that the modus more particularly referred to the inferiour clergy in that . hen. 2. anno 1176. 23 hen. 2. bendictus abbas sub effigie julii ad. f. 72. int. bib. cott. 33 hen. 2. glos . tit. finis . 1 rich. 1. anno 1189. bromton . fol. 1161. spelm. con. 2 vol. f. 119. poltons stat. f. 95. stat. asporta is religiosorum . bromton . f. 1166. anno 1189. bromton . f. 1170. this seems to have been a great council on the court day . k. john anno 1199. 1 jo. knyghton . f. 2414. carta moderationis feodi magni sigilli an . 1. joh. ex vet. registr . in archivis cant. arch. ma. par. fol. 189. anno 1200. 2 joh. rot. cant. 5 jo. m. 5. n. 33. & rot. cart . 17 jo. p. 2 , 2. m. 3. n. 2 5. eadmerus . fo . 56. malmesbury . fo . 59. mat. par. 196. 3 jo. 1201. mat. par. fo . 198. m. par. 〈…〉 celebrata igitur apud portesmue solemnitate pentec . ib. 4 joh. anno 1202. m. p. f. 199. 5 joh. 6. ma. par. fol. 200. natale celebravit . ma. par. f. 201. rot. pat. 6 jo. m. 2. dorso . m. 7. dors . 7 joh. ● jo. 1206. ma. par. f. 205. m. west . f. 266. rot. pat. 8 & 9 jo. m. 3. dorso . 9 jo. 1207. archiepisc . episc . abbates , priores , comites , barones milites & & alii magnates regni angliae . a. 37 h. 3. fleta . lib. 2. c. 42. f. 212. 10 jo. 1208. 11 jo. 1209. 12 jo. 1210. 13 jo. 1211. 14. 15 jo. ma. par. f. 224. of being reputed a turntail or runaway . mat. par. f. 225. stat. 25 ed. 3. pryn 's king john , f. 269. fol. 230. 15. 1213. mat. par. fol. 230. 15 jo. ad natale curiam suam tenuit , apud windleshores . m. paris ad . tig. f. 238. titles of honour , fo . 587. bracton lib. 3. p. 109. b. so rot. finium 8 h. 3. m. 2. dorso . the head-borough . rot. pat. 42 h. 3. mat. par. f. 241. magna charta , 17 jo. an. 1215. pat. 4 ed. 1. m. 14. in primo generali parl. nostro post coronationem . charta johannis . an. 1254. 39 h. 3. mat. paris ●d tig. f. 884. mag. charta , cap. 9. legier book of ely. hundred . inter communia de termino sancti michaelis , an. 34 e. 1. pro hominibus villae de coventre . mat. par. f. 860. nota before the large and comprehensive acceptation of magnates regni . rot. claus . 38 h. 3. m. 7. c. 12. dorso . to the sheriff of bedford and bucks . mat. par. f. 859. mat. par. f. 884. anno 1221. 6 hen. 3. mat. par. f. 298. mat. west . f. 280. rot. claus . 6 hen. 3. m. 7. inter communia term. s. mich. 34 e. 1. penes remem . dom. thes . in scaccario . rot. claus . 3 e. 2. m. 16. rastalls statutes p. 85. 15 e. 3. 25 e. 3. stat. 27 e. 3. statutum stapulae . rot. pat. 37 hen. 3. m. 12. dorso . fleta f. 93. inter communia de term. mich. anno 28 ed. 1. rot. 27. dorso . communiae de term. sancti hill ’ anno 17 regis ed. 3. penes remem . regis in scaccario . inter communia de term. paschae penes rem . in scaccario . rot. pat. 6. h. 3. rot. claus . 19. h. 3. m. 6. rot. claus . 19. h. 3. rot. pat. 15. h. 3. m. 3. nota women granting . rot. claus . 19. h. 3. m. b. inter communia de term. sancti mich. anno 42. h. 3. rot. 4. de scut . levand . 2 h. 3. or at least 9. rot. claus . 4 h. 3. m. 5. bundela literarum in turre lond. a. 8 h. 3. rot. claus . 14 h. 3. m. 2. dorso . rot. claus . 16 h. 3. m. 2. dorso . the clergy that were landed-men or free-holders . rot. claus . 18 h. 3. pars unica . m. 10. rot. claus . 19 h. 3. m. 6. rot. claus . ●8 h. 3. m. 3. dorso . rot. claus . 21 h. 3. m. 7. dorso . rot. pat. 24 h. 3. m. 1. rot. claus . 29 h. m. 8. dorso . mat. par. anno 1246. vid. more at large mr. petit's rights of the commons of england , asserted from 111 , to 115. rot. claus . 32 h. 3. m. 12. dorso . rot. 42 h. 3. m. 3. rot. pat. 42 h. 3. m. 10. rot. pat. 42 h. 3. m. 4. rot. claus . 45 h. 3. m. 6. dorso . rot. pat. 48 h. 3. m. 2. n. 5. anno 48th . h. 3. 1264. rot. pat. 48 h. 3. pars unica . m. 8. dorso . n. 10. vid. rot. claus . 28 h. 3. m. 12. dorso . consideratum fuit in curiâ nostra coram nobis & toto parliamento nostro . titles of honour . p. 278. ex satis antiquo authore loquor . anno. 1427. 23. jac. 1. ordines angliae . p. 122. titles of honour . fol. 589. titles of honour . f. 589 , 590. glos . tit . baro. proceres nempe & maneriorum domini nec non liberè quique tenentes , hoc est fundorum proprietariis anglicè free-holders , hoc nomine contineri videtur antiquis paginis . claus . 27 h. 6. m. 26. dorso . communia de term sancti hill ’ anno 19 ed. 2. rot. penes rem . domini thes in scaccario . pro thomâ de furnivall seniore exonerando . titles of honour . fol. 590. glos . tit . baro. in charta johannis . 4. instit . claus . dors . 7 r. 2. m. 32. titles of honour . ●609 . 5 r. 2. cap. 4. anno 1381. vid. prin● ▪ first part of parl ’ writs . p. 251. titles of honour . fol. 608. rot. parl. 1 h. 4. m. 16. n. 59. ib. cited , &c. countess of rutland 's case , coke 6. rep. fol. 53. standish's case . kelloways rep. 184. 6. selden ad eadm . spelm. con. 2. vol. fol. 1. mat. westm . fol. 273. anno 1215. eadmerus , f. 70. glos . tit . ingenuus . glos . 2d . part , tit . parlamentum , ed. lond. anno 1664. the first and second part of a seasonable, legal, and historicall vindication and chronological collection of the good old fundamentall liberties, franchises, rights, laws of all english freemen ... wherein is irrefragably evinced by parliamentary records, proofs, presidents, that we have such fundamentall liberties, franchises, rights, laws ... : collected, recommended to the whole english nation, as the best legacy he can leave them / by william prynne of swainswick, esquire. seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. part 1-2 prynne, william, 1600-1669. 1655 approx. 536 kb of xml-encoded text transcribed from 103 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a56162 wing p3954 estc r19429 12399398 ocm 12399398 61231 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56162) transcribed from: (early english books online ; image set 61231) images scanned from microfilm: (early english books, 1641-1700 ; 288:4) the first and second part of a seasonable, legal, and historicall vindication and chronological collection of the good old fundamentall liberties, franchises, rights, laws of all english freemen ... wherein is irrefragably evinced by parliamentary records, proofs, presidents, that we have such fundamentall liberties, franchises, rights, laws ... : collected, recommended to the whole english nation, as the best legacy he can leave them / by william prynne of swainswick, esquire. seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. part 1-2 prynne, william, 1600-1669. the second edition, corrected and much enlarged. [110], 104, [3], 76 p. printed for the author, and are to be sold by edward thomas ..., london : 1655. "the second part of a seasonable, legal and historical vindication, and chronological collection of the good old fundamental liberties, franchises, rights, lawes, government of all english freemen" has special t.p. and separate paging. signature n5 is missing in the filmed copy. signatures m'-n4 photographed from university of illinois (urbana-champaign campus). library copy and are inserted at the end. errata: p. [3] at beginning. reproduction of original in yale university library. imperfect: film lacks 2nd pt. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng constitutional history -great britain. great britain -politics and government -1649-1660. 2005-12 tcp assigned for keying and markup 2005-12 aptara keyed and coded from proquest page images 2006-11 ali jakobson sampled and proofread 2006-11 ali jakobson text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion the first and second part of a seasonable , legal , and historicall vindication , and chronological collection of the good , old , fundamentall liberties , franchises , rights , laws of all english freemen their best inheritance , birthright , security , against all arbitrary tyranny , and aegyptian burdens ) and of their strenuous defence in all former ages ; of late years most dangerously undermined , and almost totally subverted , under the specious disguise of their defence and future establishment , upon a sure basis , by their pretended , greatest propugners . wherein is , irrefragably evinced by parliamentary records , proofs , presidents , that we have such fundamentall liberties , franchises , rights , laws . that to attempt or effect the subversion of all or any of them , ( or of our fundamentall government ) by fraud or force , is high treason . the principal of them summed up in x. propositions ; the chief printed treatises asserting them , specified : a chronological history of our ancestors , zeal , vigilancy , courage , prudence , in gaining , regaining , enlarging , defending , oft confirming and perpetuating them to posterity , by great charters , statutes , new confirmations , excommunications , speciall conservators , consultations , petitions , declarations , remonstrances , oaths , protestations , vows , leagues , covenants , and likewise by their arms , when necessitated , during all the britons , romans , saxons , danes , normans and english kings reigns , till this present ; collected for present and future publique benefit : with a brief touch of their late unparalelled infringments and subversions in every particular : the triall of all malesactors by their peers and juries , justified , as the onely legall , best , most indifferent , and all other late arbitrary judicatories , erected for their triall , exploded , as destructive both to our fundamentall laws and liberties . collected , recommended to the whole english nation , as the best legacy he can leave them , by william prynne of swainswick , esquire . the second edition corrected and much enlarged . psal . 11. 3. if the fundations be destroyed , what can the righteous do ? psal . 82. 5. they know not , neither will they understand , they walk on in darknesse : all the foundations of the earth are out of course . london , printed for the author , and are to be sold by edward thomas in green arbour , 1655. errata . in the epistle , letter c. page 8. l. 6. read effect , d. p. 2. l. 9. 〈◊〉 tesmond , h. p. 5. l. 19. censurers , i. p. 5. l. 13 of r. our k. p. 7. l. 28. r. heirs , l. p. 4. l. 20. r. exercerunt . in the margin h. p. 3. l. 42. aliquem , i. p. 6. l. 27. pacti l. p. 8. 13. r. 23. in the book p. 4. l. 25. r. as of , p. 13. l. 36. r. were resolved . p. 19. l. 14. r. vote of p. 24. l. 16. of p. 26. l. 15. of and p. 29. l. 33. statutes . p. 32. l. 26. r. e. 6. c. 5. p. 35. l. 6. to sedition p. 38. l. 19. r. parts . margin , p. 27. l. 13. ther r. other , p. 64. l. 3 , 4 , 5. r. 10. r. 2. cap. 1. 1 h. 5. c. 1. 28 h. 6. n. 51. l. 11. r. 4. e. 4. to all truely christian free men of england , patrons of religion , freedom , lawes , parliaments , who shall peruse this treatise . christian reader , it hath been one of the most detestable crimes , and highest impeachments against the antichristian a popes of rome , that under a saint-like religious pretext of advancing the church , cause , kingdom of jesus christ , they have for some hundred yeers by-past , usurped to themselves ( as fole monarchs of the world in the right of christ , whose vicars they pretend themselves to be ) both by doctrinal positions and treasonable practises , b an absolute soveraign , tyrannical power over all christian emperours , kings , princes of the world ( who must derive and hold their crowns from them alone , upon their good behaviours at their pleasures ) not onely to excommunicate , censure , judge , depose , murder , destroy their sacred persons ; but likewise to dispose of their crowns , scepters , kingdoms , and translate them to whom they please . in pursuance whereof , they have most traiterously , wickedly , seditiously , atheistically , presumed to absolve their subjects from all their sacred oaths , homages , natural allegiance , and due obedience to them , instigated , encouraged , yea expresly , enjoyned ( under pain of interdiction , excommunication , and other censures ) their own subjects , ( yea own sons sometimes ) both by their bulls and agents , to revolt from , rebel , war against , depose , dethrone , murder , stab , poyson , destroy them by open force , or secret conspiracies : and stirred up one christian king , realm , state , to invade , infest , destroy , usurp upon another ; onely to advance their own antichristian soveraignties , usurpations , ambition , rapines , worldly pompe and ends : as you may read at leisure in the statutes of 25 h. 8. c. 22. 28 h. 8. c. 10. 37 h. 8. c. 17. 13 eliz. c. 2. 23 eliz. c. 1. 35 eliz. c. 2. 3 jacob. c. 1 , 2 , 4 , 5. 7 jacob. c. 6. the emperour frederick his epistles against pope gregory the 9. and innocent the 4. recorded in matthew paris , and * others , aventinus annalium boiorum , mr. william tyndal's practice of popish prelates ; the second homily upon witsunday ; the homilies against disobedience , and wilful rebellion ; bishop jewels view of a seditious bull ; iohn bale in his lives of the roman pontifs ; doctor thomas bilson in his true difference between christian subjection , and unchristian rebellion ; doctor john white his sermon at paul , s cross , march 24. 1625. and defence of the way , c. 6 , 10. doctor crakenthorpe of the popes temporal monarchy ; bishop morton's protestant apology ; doctor beard 's theater of god's judgements , l. 1. c , 27 , 28. doctor squire of antichrist ; john bodin his commonwealth , l. 1. c. 9. the learned morney lord du plessy , his mystery of iniquity , and history of the papacy . the general history of france . grimston's imperial history . matthew paris , speed , holinshed , cambden , and others , in the lives of king john , henry the 3. queen elizabeth , and other of our kings , with hundreds of printed sermons on the 5 of november . the principal instruments the popes imployed of late yeers , in these their unchristian treasonable designes , have been pragmatical , furious , active jesuites , whose society was first erected by ignatius loyola ( a spaniard by birth , but a c souldier by profession ) and confirmed by pope paul the 3. anno 1540● which order consisting onely of ten persons at first , and confined onely to sixty by this pope , hath so monstrously increased by the popes and spaniards favours and assistance ( whose chief janizaries , factors , intelligencers they are ) that in the yeer 1626. d they caused the picture of ign●tius their founder to be cut in brass , with a goodly olive tree growing ( like jessees root ) out of his side , spreading its branches into all kingdoms and provinces of the world , where the jesuites have any colledges and seminaries , with the name of the province at the foot of the branch , which hath as many leaves as they have colledges and residencies in that province ; in which leaves , are the names of the towns and villages where these colledges are situated : round about the tree are the pictures of all the illustrious persons of their order ; and in ignvtius his right hand , there is a paper , wherein these words are engraven , ego sicut oliva fructifera in domo dei ; taken out of ps . 52. 8. which pourtraictures they then printed and published to the world : wherein they set forth the number of their colledges and seminaries to be no less then 777. ( increased to 155 more , by the yeer 1640. ) in all 932. as they published in like pictures & pageants printed at antwerp , 1640. besides sundry new colledges and seminaries erected since . in these colledges and seminaries of theirs , they had then ( as they print ) 15591 fellews of their society of jesus , besides the novices , scholars , and lay-brethren of their order , amounting to neer ten times that number . so infinitely did this evil weed grow and spread it self , within one hundred yeers after its first planting . and which is most observable , of these colledges and seminaries they reckoned then no less then 15 ( secret ones ) * in provincia anglicana , in the province of england , where were 267 socii or fellows of that society : besides 4 colledges of english jesuites elsewhere . in ireland and elsewhere 8 colledges of irish jesuites : and in scotland and otherwhere 2 residencies of scottish jesuites . what the chief imployments of ignatius and his numerous swarms of disciples are in the world , his own society at the time of his canonization for a romish saint , sufficiently discovered in their painted pageants , then shewed to the people , e wherein they pourtraied this new saint holding the whole world in his hand , and fire streaming out forth of his heart ( rather to set the whole world on fire by combustions , wars , treasons , powder-plots , schismes new state , and old church-heresies , then to enlighten it ) with this motto ; veni ignem mittfre : i came to send fire into the world ; which the university of cracow in poland objected ( amongst other articles ) against them , anno 1622. and alphonsus de vargas more largly insisteth on in his relatio , de stratagematis & sophismatis politicis jesuitarum , &c. an. 1641. c. 7 , 8 , 24. their number being so infinite , and the f pope and spaniard too , having long since ( by g campanella's advice ) erected many colledges in rome , italy , spain , the netherlands , and elsewhere , for english , scottish , irish jesuites ( as well as for such secular priests , friers , nuns ) of purpose to promote their designs against the protestant princes , realms , churches , parliaments of england , scotland , ireland , & to reduce them under their long prosecuted h universal monarchy over them , by fraud , policy , treason , intestine divisions , and wars , being unable to effect it by their own power ; no doubt of late yeers many hundreds , if not thousands , of this society , have crept into england , scotland and ireland , lurking under several disguises ; yea , an whole colledge of them sate weekly in counsel , in or neer westminster , some few yeers since , under conne the popes nuntio , on purpose to embroyle england and scotland in bloody civil wars , therby to endanger , shake , subvert these realms , and destroy the late king ( as you may read at large in my romes master-piece , published by the commons special order , an. 1643. ) who occasioned , excited , fom●nted , the first and second intended ( but happily prevented ) wars between england and scotland , and after that , the unhappy differences , wars , between the king , parliament , and our three protestant kingdoms , to bring them to utter desolation , and extirpate our reformed religion . the kings forces ( in which many of them were souldiers ) after some yeers wars being defeated , thereupon their father ignatius being a souldier , and they his military sons , not a few of them i secretly insinuated themselves as souldiers , into the parliaments army and forces , ( as they had formerly done into k the kings ) where they so cunningly acted their parts , as extraordinary illuminates , gifted brethren , and grand states-men , that they soon leavened many of the officers , troopers and common souldiers , with their dangerous jesuitical state-politicks , and l practises , put them upon sundry strange designs , to new-mould the old monarchical government , parliaments , church , ministers , laws of england ; erecting a new general councel of army-officers and agitators for that purpose ; acting more like a parliament and supream dictators , then souldiers . and at last instigated the army by open force ▪ ( against their commissions , duties , oaths , protestations and solemn league & covenant ) to impeach , imprison , seclude , first elevē commoners ; then some six or seven lords ; after that to secure , seclude the majority of the commons house , suppress the whole house of lords , destroy the king , parliament , government , priviledges , liberties of the kingdom & nation , for whose defence they were first raised , which by no other adverse power they could effect . this produced new bloody divisions , animosities , wars , in and between our three protestant realms and nations ; & after with our protestant allies of the netherlands , ( * campanella's express old projected plots to subject us both to the popes and spaniards monarchies , effected by the spaniards gold and agents ) with sundry heavy monthly taxes , excises , oppressions , sales of the churches , crowns , and of many nobles and gentlemens lands and estates , to their undoing , our whole nations impoverishing , and discontent , an infinite profuse expence of treasure , of protestant blood both by land and sea , decay of trade , with other sad effects in all our three kingdoms ; yea , sundry successive new changes of our publick government , made by the army-officers , ( who are still ringing the changes ) according to campanela's and parsons platforms . so that if fire may be certainly discerned by the smoke ; or the tree commonly known by its fruits , as the truth it self resolves , matth. 12. 33. we may truly cry out to all our rulers , as the jews did once to the rulers of thessalonica , in another case , act. 17. 6. those ( jesuites ) who have turned the world upside down , are come hither also ; and have turned our kingdoms , kings , peers , monarchy , parliaments , government , laws , liberties , ( yea , our very church and religion too , in a great measure ) upside downe , even by those very persons , who were purposely raised , commissiond , waged , engaged by protestations , covenanes , vows , oathes , laws , allegiance and duty , to protect them from these jesuitical innovations and subversions . and those jesuites , spanish romish agents , who have so far seduced , so deeply engaged them , contrary to all these obligations , and to their own former printed engagements , remonstrances , representations , proposals , desires , and resolutions , for setling this nation in its just rights , the parliament in their just priviledges , and the subjects in their liberties and freedoms ; published to all the world , in the name of sir thomas fairfax , the army , and the general councel of the army , none volume . london , 1647. ( which they may do well to peruse ) yea , against the votes , intreaties , desires , advices , of both houses of parliament , the generality of the good ministers , people of the three whole kingdoms , and their wisest , best affected protestant friends , who commissioned , raised , paid , assisted them for far other ends o whether may they , will they not ( in all humane probability ) rashly , blindly , suriously henceforth lead , drive , precipitate them , to our whole three kingdoms , churches , parliaments , laws , liberties total , final desolation , and the armyes too in conclusion , beyond all hopes of prevention , unless god himself shall miraculously change their hearts , councels , and reclaim them from their late destructive , heady violent courses : or put an hook into their noses , to turn them back by the way by which they came : or , set a timely period to their usurped armed power and extravagant late proceedings , of such a desperate unparallel'd , unprotestant strange nature , as none but the very worst of ignatius his disciples and engineers durst set on foot , or still drive on amongst us protestants . which i earnestly beseech , adjure , and conjure them now most seriously to lay ●o heart , before it be over-late . those who will take the pains to peruse all or any of these several printed books ( most of them very well worth their reading ) written against the iesuites and their practises , as well by papists as protestants , as namely , fides iesu & iesuitarum , printed 1573. doctrinae iesuiticae praecipua capita , delph . 1589. aphorismi doctrinae iesu●ticae . 1608. cambitonius , de studiis jesuitarum abstrusioribus . anno 1608. iacobus thuanus , passages of the jesuites . hist . l. 69 , 79 , 83 , 94 , 95 , 96 , 108 , 110 , 114 , 116 , 119 , 121 , 124 , 126 , 129 , 131 , 132 , 134 , 136 , 137. 138. emanuel meteranus his passages of them . belgicae hist . l. 9 , 12 , 17 , 18 , 19 , 21 , 23 , 26 , to 34. willielmus baudartius , continuatio meterani , l. 37 , 38 , 39 , 40. donatus wesagus , fides iesus & iesuitarum , 1610. characteres iesuiticae , in several tomes . elias husenmullerus , historia iesuitici ordin● , anno 1605. speculum sive theoria doctrinae iesuiticae , necnon praxis jesuitarum , 1608. pasquier his jesuite displayed . petrus de wangen , physiogmonia jesuitica , 1610. christopherus pelargus , his novus jesuitismus . franciscus . de verone , his jesuitismus sicarius , 1611. narratio de proditione jesuitarum in magnae brit. regem , 1607. consilium de lesuitis regno polonia ejiciendis . the acts of the states of rhetia , anno 1561 , & 1612. for banishing the jesuites wholly out of their territories , ne status politicus turbaretur , &c. mentioned by fortunatus sprecherus , palladis rheticae , l. 6. p. 251 , 273. melchior valcius , his furiae gretzero , &c. remissae , 1611. censura jesuitarum , articuli jesuitarum , cum commonefactione illis oppositae anti-jesuites , au roy par . 1611. variae doctorum theologorum theses adversus quaedam jesuitica dogmata . the remonstrance of the parliament of paris to henry the great against the re-establishment of the jesuites ; and their censure of mariana his book , to be publickly burnt , printed in french , 1610. recited in the general history of france , in lewis 13. his life , & peter matthew , l. 6. par . 3. historia franciae . variae facultatis thologiae & curiae parisiensis , quam aliorum opuscula , decreta & censurae contra jesuitas , paris 1612. conradus deckerus , de proprietatibus iesuitarum , 1611. quaerelarum inclyti regni hungariae adversus corruptelas iesuiticas defensio . lucas osiander , his writing about the jesuites bloody plot , han. 1614. iesuitarum per unitas belgii provincias negotiatio , anno 1616. radulphus hospinianus , historia iesuitica , 1619. bogermannus his catechismus iesuiticus . lodovicus lucius , historia iesuitica , basil . 1627. arcana imperii hispanici , 1628. mercure iesuite , in several tomes , geneve 1626 , de conscientia iesuitarum , tractat . censura sacrae theologiae . parisiensis , in librum qui inscribitur , antonii sanctarelli societatis iesu , de haeresi , schismate & apostasia , &c. paris , 1626. anti-cotton ; ioannes henricius , deliberatio de compescendo perpetuo crudeli conatu iesuitarum , fran. 1633. a proclamation of the states of the united provinces , anno 1612. and another proclamation of theirs : with two other proclamations of the protestant states of the marquesate of m●ravia , for the banishing of the iesuites , london 1629. alfonsi de vargas toletani , relatio ad reges & principes christianos , de stratagematis & sophismatis politicis societatis jesu , ad monarchiam orbis terrarum sibi conficiendam : in qua jesuitarum erga reges & populos optimè de se meritos infidelitas , erga ipsum poutificem perfidia , contumacia , & in fidei rebus novandi libido , illustribus documentis comprobatur , anno 1641. jubilaeum , sive speculum jesuiticum , exhibens praecipua jesuitarum scelera , molitiones , innovationes , fraudes , imposturas , et mendacia , contra statum ecclesiasticum politicumque , in & extra europeum orbem ; primo hoc centenario , confirmati illius ordinis instituta et perpetrata : ex variis historiis , inprimis vero pontificiis collecta , anno 1644. ( a piece worth perusing ) or else will but cast their eyes upon our own forecited statutes , and the * proclamations of queen elizabeth , king james , and king charls against jesuites , and seminary priests . a brief discovery of doctor allens seditious drifts , london 1588. charles paget ( a seminary priest ) his answer to dolman , concerning the succession of the english crown , 1601. william watson ( a secular priest ) his dedachordon or quodlibets , printed 1602. now very well worthy all protestants reading . a letter of a. c. to his dis-jesuited kinsman , concerning the jesuites , london 1602. romish positions and practises for rebellion , london 1605. the arraignment of traytors , london 1605. john king bishop of london , his sermons on november 5. 1607 , 1608. king james his conjuratio sulphurea , apologia pro juramento fidelitatis : & , responsio ad epistolam cardinalis peronii . an exact discovery of the chief mysteryes of the jesuitical iniquity : and , the jesuites secret consultations ; both printed london 1619. william crashaw his iesuites gospel , london 1621. william feak of the doctrine and practice of the society of jesus , london 1630. the many printed sermons of doctor iohn white , bishop lake , bishop andrews , doctor donne , doctor featly , doctor clerk , and others , preached on the fifth of november . lewis owen , his running register , london , 1620. his unmasking of all popish monkes and jesuites , 1628. and his jesuites looking-glass , london , 1629. john gee , his foot out of the snare , &c. london , 1624. with the jesuitical plots discovered in my romes master-piece ; and , hidden works of darkness brought to publick light , london 1645. shall see the jesuites and their seminaries charged with , convinced of , and condemned for these ensuing seditious , treasonable , antimonarchical , anarchical positions and practises ; for which , their society hath by publick acts and proclamations been several times banished out of hungaria , bohemia , moravia , poland , the low countries , rhetia , france , transilvania , sweden , denmark , the palatinate , venice , aethiopia , japan and turkey , as well as out of england , scotland and ireland , as most insufferable pests and traytors ; in many of which they have yet gotten footing again . 1. that at least ●ifty several prime authors of that infernal society of jesus ▪ in several printed books ( which you shall finde specified in doctor john whites defence of the way , c. 6 , 10. aphorismi-jesuitarum : iubilaeum , or , speculum iesuiticum , p. 187 , 188. and the appendix to my fourth part of the soveraign power of parliaments , p. 187 , 188. ) have dogmatically maintained ; * that the pope hath absolute power , not onely to excommunicate , but judicially to suspend , mulct with temporal penalties , depose , dethrone , pvt to death , and destroy any christian emperours , kings , princes , potentates , by open sentence , war , force , secret conspiracies , or private assasinations , and to give away their crowns and dominions to whoever will invade them , by treason or rebellion , at the popes command ; and that in cases of heresie , schisme , disobedience to , rebellion against the pope or see of rome , male-administration , refusal to defend the pope or church against her adversaries , insufficency to govern , negligence , tyranny , excesses , abuses in gove●nment , incorrigibility , vitiousness of life , and m necessity of the publick good , or safety of the church , state , or cavse of god ; as antonius sanctarellus the jesuite particularly defines , in his book de haeresibus , schismatibus , &c. printed in rome it self , anno 1625. who affirms it to be , multum aequum & reipublicae expediens , ut sit aliquis supremus monarcha , qui regum hujusmodi excessus possit corrigere , & de ipsis ivstitiam ministrare ; sicut petrd concessa fuit facultas pvniendi paena temporali , imo etiam , paena mortis , dictas personas ad al●●●vm cokkeecmionem et exemplvm . ( whether the erection , title of , or proceedings against our beheaded king , in the late mis-named high court of justice , had not their original from hence ; and whether the army-officers derived not their very phrase , n of bringing the king to ivstiee , with their pretended necessity of pvblick good and safety , for it , from these very jesuites , or their agents in the army ; let themselves , the whole kingdom , and all wisemen now consider . ) moreover , some of the fifty authors , ( as creswel , or parsons the english jesuite , in his philopater , sect. 2. and * de officio principis christiani , chap. 5. affirm , that the whole school both of ( their ) divines and lawyers , make it a position certain and undoubtedly to be believed , that if any christian prince whatsover , shall manifestly turn from the roman catholick religion , or desire , or seek to reclaim others from the same ; or but favour , or shew countenance to an heretick ( as they deem all protestants , and dissenters from the see of rome in any punctilio , such ) he presently falleth from , & loseth al princely power & dignity ; & that by vertus & power of the law it self , both divine and hvmane , even before any sentence pronovnced against him by the svpream pas●or and ivdge . that thereby his subjects are absolved from all oathes and bonds of allegiance to him as to their lawful prince . nay , that they may and ovght ( * provided they have competent power and force ) to cast ovt svch a prince from beaking rvle amongst christians , as an apostate , an heretick , a back-slider , a revolter from our lord jesus christ , and an enemy to his own estate and commonwealth ; lest perhaps he might infect others , or by his example or command , turn them from the faith . and that the kingdom of such an heretick or prince , is to be bestowed at the pleasure of the pope , with whom the people upon pain of damnation , are to take part , and fight against their soveraign . out of which detestible and treasonable conclusions , most treasons and rebellions of late time have risen in the christian world ; and the first smoke of the gunpowder-treason too , as john speed observes in his history of great britain , p. 1250. whereupon the whole * university of paris censured them , an. 1625 , and 1626. not onely as most pernioious , detestable , damnable , erroneous , and perturbing the publick peace ; but likewise , as subversive of kingdoms , states , and republicks , seducing subjects from their obedience and subjection , and stirring them up to wars , factions , seditions , & principum parricidia , and the murthers of their kings . 2. that the jesuites have * frequently put these treasonable , seditious , antimonarchical , jesuitical , damnable doctrines into practice , as well against some popish , as against protestant kings , queens , princes , states : which they manifest , 1. by o their poysoning jone albreta queen of navarre , with a pair of deadly perfumed gloves , onely for favouring and protecting the protestants in france against their violence , anno. 1572. 2. by their suborning and animating p james clement a dominican frier , to stab king henry the third of france in the belly with a poysoned knife , whereof he presently died , anno. 1589. for which they promised this traytor , a saintship in heaven . pope sixtus the fifth himself commending this foul fact in a long oration to his cardinals , as insigne & memorabile sacinus , non sine dei opt. max. particulari providentia , & dispositione , et spiritus sancti suggestione designatum : facinusque longe majus quam illud s. judith , quae holofernum è medio sustulit . 3. by q cammolet the jesuites publick justification of this clement in a sermon at paris anno 1593. wherein he not only extolled him above all the saints , for his treason against , and murder of henry the 3. but broke out likewise into this further exclamation to the people : we ought to have some ehud , whether it be a a monke , or a souldier , or a varlet , or at least a cow-herd . for it is necessary , that at least we should have some ehud . this one thing onely yet remains behinde : for then we shall compose all our affairs very well , and at last bring them to a destred end . whereupon , by the jesuites instigation , the same yeer 1593. one peter bariere , undertook the assasination of king r henry the 4 of france : which being prevented , and he executed , thereupon they suborned and enjoyned one of their own jesuitical disciples , john castle , a youth of 19 yeers old , to destroy the king : who on the 27 of december 1594. intending to stab him to the heart , missing his aim , wounded him onely in the cheek , and stroke out one of his teeth ; for which treasonable act he was justified , applauded , as a renowned saint and martyr , by the jesuites , in a printed book or two , published in commendation of this his undertaking . as namely , by bonarscius the jesuite , in his amphitheatrum , franciscus verona constantinus , ( a jesuite ) in his apologiapro iohanne castello , contra edictum parliamenti , & supplicium de eo ob parricidium sumptum , an. 1595. where he thus writes of the attempt upon hen. 4. whosoever diligently ponders , that henry was excommunicated , an heretick , relapsed , a prof●ner of holy things , a declared publick enemy , an oppressor of religion ; and ( thereupon ) a person secluded from all right to the kingdom ; and therefore a tyrant , not a king ; an vsurper , not a lawful lord ; he verily , unless he be mad , and destitute of humane sence , and love towards god , the church , and his country , cannot otherwise think or speak ; but that the fact of castle was generous , conjoyned with vertue ; and heroical , to be compared with the greatest and most praise-worthy facts which the ancient monuments of sacred and prophane histories have recorded . one thing onely may be disliked , namely , that castle hath not utterly slain and taken him from the midst of us . in sum , he denies this henry to be any king of france , by right or inheritance , because , ( in his and the jesuites opinion onely , not in truth ) he was both an heretick , and a tyrant . asserting , that it was lawful for castle , or any other private man , to destroy an heretick or tyrant , much more then , him that was both . and * john guignardus a jesuite , ( fellow of the jesuites colledge of claremount ) in his papers then seised by , and reported to the parliament of paris , anno 1595. not onely compared henry the third and fourth to nero and herod , and justified clements murder of the one , and castles attempt upon the other , as most heroical and praise-worthy actions : but likewise added , that if we in the year 1572. on saint bartholmews day , ( in the general massacre of the french protestants ) had cvt off the basilicon veine , ( henry king of navarre ) we had not fallen out of a feavour , into that plague , which now we finde . sed quicquid delirant reges plectunctur achivi , sangvini parcendo . that king henry should be but over-mildly dealt with , if he were thrust from the crown of france , into a monastery , and there had his crown shaven . that if he could not be deposed without a war , then a war was to be raised against him : but if a war could not be levied against him , the cause being dead , clam e medio tollatvr : he should then be privily murdered and taken out of the way . for which the parliament of paris adjudged and executed him for a traytor . yea , so desperately were the jesuites after this , bent to destroy this king , that * alexander hay ( a scottish jesuite of claremont , ) privy to castles villany , used to say , that if king henry the fourth should pass by their colledge ( the first there built for them ) he would willingly cast himself out of his window headlong upon him , so as he might break the kings neck , though thereby he brake his own . yet was he punished but with perpetual banishment . after which jesuitical conspiracies detected and prevented , notwithstanding this king henry ( before these two attempts to murder him ) had by their sollicitations , renounced the protestant religion , professed himself a zealous romanist , recalled the jesuites formerly banished for the murther of henry the third , against his parliaments and counsels advice , reversed all the decrees of parliament against them , razed the publick pillar set up in paris , as a lasting monument of their treasons and conspiracies ; built them a magnificent colledge in paris , indowed them with a very large revenue ; entertained pere cotten ( one of their society ) for his confessor ( who revealed all his secrets to the king of spain ; ) bequeathed a large legacy of plate and lands to their society by his will , and was extraordinary bountiful and favourable towards them ; yet these bloody ingrateful villains , animated that desperate wretch , * ravilliac , to stab him to death in the open street in paris , anno 1610. albigni the jesuite being privy to this murder , before it was perpetrated . yea , francis de verona in his apology for john castle , p. 258. thus predicted his second mortal stab , in these words , though this prince of orange scaped the first blow , given him in his cheek , yet the next hit , whereof this was a presage ; as the blow given by castle shall be the fore-rvnner of another blow . such implacable regicides are the jesuites . 4. by their suborning , instigating sundry bloody instruments one after another , to murder ſ william prince of orange , prevented in their attempts by god's providence , till at last they procured one balthasar gerard to shoot him to death with a pistol , charged with three bullets , an. 1584. the jesuites promising him no less then heaven it self , and a canonization among the saints and martyrs , for this bloody treason , as they did to james clement before , for murdering the french king. and it is very remarkable , that after this murder of his , * thomas campanella ( a jesuited italian frier ) prescribed this as a principal means to the king of spain of reducing the netherlands under his monarchy again , to sow emulation and discords amongst their nobles , states , and to murder prince maurice his son and successor , which he expresseth in these direct termes . maxime opus est , ut serpens seditionis , comes scilicet mauritius interimatur ; non vero per bellum diuturnum , copia illi danda est , magis magisque succrescendi : which they * twice likwise attempted to affect ; an. 1594 , and 1598. no wonder that they so much endeavour by all means & instruments to suppress that noble family now , to whom the netherlands principally owe their infranchisement from the spanish yoak of bondage . 5. by t their poysoning stephen botzkay prince of transylvania , for opposing their bloody persecution . 6. by their manifold bloody plots and attempts from time to time , v to murder , depose , stab , poyson , destroy our famous protestant queen elizabeth , by open insurrections , rebellions , invasions , wars , raised against her both in england and ireland ; and by intestine clandestine conjurations ; from which gods ever-waking providence did preserve her . amongst other conspiracies , that of patrick cullen , an irish frier , ( hired by the jesuites and their agents to kill the queen ) is observable . x holt the jesuite , ( who perswaded him to undertake the murdering of her ) told him , that it was not onely lawful by the laws , but that he should merit gods favour , and heaven by it ; and thereupon gave him remission of all his sins , & the eucharist , to encourage him in this treason ; the chief ground whereof ( and of all their other treasons against this queen ) was thus openly expressed by iaquis francis , for cullens further encouragement ; that the realm of england , then was and would be so well setled , that unless mistras elizabeth ( so he termed his dread soveraign , though but a base landressson ; ) were suddenly taken away , all the devils in hell would not be able to prevail , to shake and overturn it . which then it seems they * principally endeavoured , and oft-times since attempted , and have now at last effected , by those who conceit they demerit the title of saints ( though not in a romish kalender ) and no less then heaven , for shaking , overturning , and making it no kingdom . 7. by their y conspiracy against king james , to dep●ive him of his right to the crown of england , imprison , or destroy his person : raise rebellion , alter religion , and subvert the stat● and government ; by vertue of pope clement the eighth his bull directed to henry garnet , superiour of the iesuites in england : whereby he commanded all the archpriests , priests , popish clergy , peers , nobles and catholicks of england , that after the death of queen elizabeth by the course of nature , or otherwise , whosoever shall lay claim or title to the crown of england , ( though never so directly or neerly interessed by descent ) should not be admitted unto the throne , unless he would first tolerate the rom●sh religion , and by his best endeavours promote the catholick cause ; unto which by his solemn and sacred oath he should religiously subscribe , after the death of that miserable woman ; ( as he stilled queen elizabeth . ) by vertue of which bull , the jesuites , after her decease , disswaded the romish-minded subjects , from yielding in any wise obedience to king james , as their soveraign ; and entr●d into a treasonable conspiracy with the lord cobham , lord gray , and others , against him , to imprison him for the ends aforesaid ; or destroy him : pretending that king iames was no king at all before his coronation ; and that therefore they might by force of arms , lawfully surprise his person , and prince henry his son , and imprison them in the tower of london , or dover-castle , till they inforced them by duress , to grant a free toleration of their catholick religion , to remove some evil counsellors from about them , and to grant them a free pardon for this violence ; or else they would put some further project in execution against them , to their destruction . but this conspiricy being discovered , the traytors were apprehended , arraighned , condemned , and watson and clerk ( two jesuited priests who had drawn them into this conspiracy , upon the aforesaid pretext ) with some others , executed as traytors ; z all the iudges of england resolving , that king iames being right heir to the crown by descent , was immediately upon the death of queen elizabeth , actually possessed of the crown , and lawful king of england , before any proclamat●on or coronation of him , which are but ceremonies , ( as was formerly adjudged in the case of * queen mary , and queed iane , 1 mariae ) there being no interregnum by the law of england , as is adjudged , declared by act of parliament , 1 iac. c. 1. worthy serious perusal . 8. their a horrid gun-powder treason plot ; contrived , fomented , by garnet ( superiour of the english jesuites ) gerard , tensmod and other jesuites ; who by their apostolical power , did not onely commend , but absolve from all sin the other jesuited popish conspirators , and faux the sculdier , who were their instruments to effect it . yea , the jesuitical priests were so atheistical , as that they usually concluded their masses with prayers , for the good success of this hellish plot , which was , suddenly , with no less then 36 barrels of gunpowder , placed in a secret vault under the house of lords , to have blown up and destroyed at once , king james himself , the queen , prince , lords spirituall and temporal , with the commons assembled together in the upper-house of parliament , upon the 5 of november , anno dom. 1605. and then forcibly to have seised with armed men prepared for that purpose , the persons of our late beheaded king , then dake of york , and of the lady elizabeth his sister ( if absent from the parliament , and not there destroyed with the rest ) that so there might be none of the royal line left to inherit the crown of england , scotland and ireland ; to the utter overthrow and subversion of the whole royal family , parliament , state and government of this realm . which unparallel'd , inhumane , bloody plot , being miraculously discovered , prevented , the very day before its execution , in perpetual detestation of it , and of the jesuites and their traiterous romish religion , ( which both contrived and approved it ) the 5 day of november , by the statute of 3 jacobi , ch . 1. was enacted to be had in perpetual remembrance , that all ages to come , might thereon meet together publickly throughout the whole nation , to render publick praises unto god , for preventing this infernal jesuitical design , and keep in memory this joyful day of deliverance ; for which end , special forms of publick prayers and thankesgivings were then appointed , and that day ever since more or less annually observed , till this present . and it is worthy special observation , that had this plot taken effect , b it was agreed by the jesuites and popish conspirators before-hand , that the imputation of this treason should be cast upon the puritans , to make them more odious : as now they father all the powder-plots of this kinde , which they have not onely laid , but fully accomplished of late yeers against the king , prince , royal posterity , the lords and commons house , our old english parliaments and government , upon those independents , and anabaptistical sword-men , ( whom they now repute and stile , * the most reformed puritans , ) who were in truth , but their meer under instruments to effect them ; when as they c originally laid the plots ; as is clear by campanella's book , de monarchia hisp . ch . 25. and cardinal richelieu his instructions at his death , to the king of france . and it is very observable , that as courtney the jesuite , rector of the english jesuites colledge at rome did in the year 1641. ( when the name of independents , was scarce heard of in england ) openly affirm to some english gentlemen , and a reverend minister ( of late in cornwal ) from whom i had this relation , then and there feasted by the english jesuites in their colledge , that now at last , after all their former plots had miscarried , they had found out a sure way to subvert and ruine the church of england ( which was most formidable to them of all others ) by the independents ; who immediately after ( by the jesuites clandestine assistance ) infinitely encreased , supplanted the presbyterians by degrees , got the whole power of the army , ( and by it , of the kingdom ) into their hands , & then subverted both the presbyterian government and church of england in a great measure , with the parliament , king and his posterity ; as * monsieur militiere a jesuited french-papist observes . so some independent ministers , sectaries and anabaptists , ever since 1648. have neglected the observation of the fifth of november , ( as i am credibly informed ) and refused to render publick thanks to god for the deliverance thereon , contrary to the act , for this very reason , which some of them have rendered ; that they would not mock god in publick by praising him for delivering the late king , royal posterity , and house of lords from destruction then , by jesuites and papists , when as themselves have since destroyed and subverted them through gods providence ; and repute it a special mercy and deliverance to the nation from tyranny and bondage , for * which they have cause to bless the lord : performing that for the jesuites and powder-traytors , which themselves could not effect . the lord give them grace and hearts to consider , how much they acted the jesuites , and promoted their very worst designes against us therein ; what * infamy and scandal they have thereby drawn upon all zealous professors of our protestant religion , and * what will they do in the end thereof ? 9. ( to omit all other forraign instances cited in speculum jesuiticum , p. 124 , to 130. where you may peruse them at leisure ) by d their poysoning king iames himself in conclusion , as some of them have boasted . 10. by the popes nuntio's , and a conclave of jesuites conspiracy at london , anno 1640. * to poyson our late king charles himself , ( as they had poysoned his father ) with a poysoned indian nut , kept by the jesuites , and shewed often by conne the popes nuntio to the discoverer of that plot ; or else , to destroy him by the scotish wars and troubles , ( raised for that very end by the jesuites , ) in case he refused to grant them a universal liberty of exercising their popish religion throughout his realms and dominions : and then to train up his son under them , in the popish religion ; to which not onely heretofore , but now likewise they strenuously endeavour by all possible means to seduce him ; as appears more especially by monsieur militiere his c late book dedicated to him for that purpose , to invite him to the roman catholick faith. surely all these premised instances compared together , and with that memorable passage of the english jesuite * campian , in his concertatio ecclesiae catholicae : ( or epistle to queen elizabeths councel . ) treviris 1583. p. 22. velim sciatis , quod ad societatem nostram attinet , omnes nos , qui per totum orbeni longe lateque diffusi sunt , quarum est continua successio , & magnus numerus , sanctum foedus infisse , nec quamdiu unus nostrum supererit , studium , & consilia nostra intermissuros , ad reges hereticos quovis modo tollendos ( as hospinian relates , and expounds his words and meaning ) & religionem vestram exting●ere . iampridem jacta est ratio , & inchoatum certamen nulla vis , nullus anglorum impetus superabit ; so as to hinder this their holy league and covenant long since entred into , to destroy , take out of the way , ruine all protestant kings throughout the world , under the notion of hereticks by any means whatsoever , ( and the protestant religion togetherwith them . ) with a * copy of a letter sent by an independent agent from paris , some few weeks before the kings removal from the isle of weight , by the army-officers , declaring the jesuites implacable enmity to the king , and to hereditary monarchy throughout the world. and an express sent from paris to the king himself , some three dayes before his seisure and translation from weight , to this effect , ( as i have heard from persons of honour ) that the jesuites at a general meeting in france , had resolved , by the power of their friends in england , to seise on his majesty , bring him to justice , and cut off his head , because he had , contrary to their expectation , closed with the parliament , consented to the abolishing of episcopacy , and ) to five new bills against jesuites , popish priests , mass , popery , and all popish ceremonies , in the last treaty ; and advising him , to prepare for this new storm , which within few days after fell upon him : will sufficiently inform the world , that the late unparallel'd capital proceedings against our protestant king , ( contrary to the votes of both houses of parliament ) the parliament members , peers house , and forced , dissolved late parliament too , * proceeded not from the principles of our reformed protestant religion , as this f monsieur in his printed pamphlet , would make his reader , the youg king ; to whom he dedicates it , and all the world believe ; but from the popes and jesuites forecited treasonable opinions , seconded with their clandestine sollicitations and practises : and that they , with some french cardinals , jesuites , as well as spanish and english , ( then present in england to promote their designes ) were the chief original contrivers , promoters of them , whoever were the immediate visible instruments , as i have g elsewhere more fully demonstrated , for the wiping off this scandal from our reformed religion , & the sincere professors of it , who both abominated and * protested against it in print . 〈◊〉 radolphus hospinian in his excellent historia jesuitica , l. 4. f. 244 , 245. reckons up these three prime causes of the jesuites regicides , & other notorious treasons . the first is , that blinde obedience , which they vow to their superiours , to execute with great celerity , spiritual joy , and perseverance , whatever their superiours shall enjoyne them , by being perswaded , that all their cemmands are iust to them ; by renouncing their own opinion and iudgement with a certain blinde obedience : and by believing , that those who live under obedience , are carried and governed by divine providence , ( a word now most in use with our army-saints , and souldiers , wholly infected with this jesuitical doctrine of * obedience ) by their superiors , whithersoever they shall suffer themselves to be carried , or in what sort soever they shall be dealt with by them , ( like a staffe in the hand of a man , which readily obeys him that holds it , wheresoever and in what thing soever he will please to use it , ) especially when backed with a pretext of necessity , religions safety , publick good , exemplary justice , and promoting the common cause for which their society was first instituted . 2. that they hold themselves obliged to no kings , princes , or civil magistrates by any oath of allegiance , but onely to the pope and their generals ; and therefore think themselves free and unable to commit any treason at all against them , although at the popes and ●heir superiours commands they still rise up against , murder , ●stroy them . 3. that they deem those kings , princes , which the pope and jesuites , or other learned men of their religion , or the common people shall deem hereticks , to be thereby wholly made uncapable of any empires , kingdoms , or principalities , or any other civil diguity ; yea , to be accursed tyrants , unworthy of the name of kings ; that thereby their subjects are totally absolved from the bond of allegiance to them ; and that thereupon it is lawful to kill and destroy them , and the murders of such are meritorious . now that these three jesuitical grounds and principles , ( infused into our army-officers and souldiers by the jesuites and their instruments of late yeers , against their primitive orthodox positions , protestations , declarations , oaths , covenants , engagements ) backed with secret avarice , ambition , and self-ends , were the principal impulsive causes of all the extravagant violent proceedings both against the late king , and parliament ( not the loyal principles of the protestant religion ) is apparent unto all the world , by the armies own declarations of nov. 16. and decemb. 7. 1648. their true state of the commonwealth of england , &c. 1654. and other pamphlets for their justification , which all true protestants blush at . 〈◊〉 3. that the jesuites ever since the establishment of their military order , under ignatius their martial general , have been the * principal firebrands , bellows , instruments of kindling , somenting , raising , continuing all the publick commotions , wars , seditions and bloody fewds that have happened in or between any kings , kingdoms , states , princes , soveraigns or subjects throughout the christians world ; and more particularly , of all the civil commotions , wars in france , germany , transylvania , bohemia , hungary , russia , poland , england , scotland and ireland , to the effusion of whole oceans of christian blood : which one poetically thus expresseth , h quicquid in orbe mali passim peccante gradido est , quicquid turbarum tempora nostra vident , cuncta sodalitio mentito nomine jesu accepta historiâ teste , referre licet . it● modò & vestrae celebrate encaenia sectae , militis inventum , loiolana cohors . yea , it is well worthy observation , what jacobus crucius , i a jesuite ( rector of the jesuites novices at landsberge ) presumed to publish , in his explication of the rules of the jesuites , anno 1584. in these words : the father of our society ought to be a souldier because , as it is the part of a sculdier , to rush upon the enemy with all his forces , and not to desist , till he become a conquerour ; so it is our duty to run violently upon all , who resist the pope of rome ; and to destroy and abolish them , not onely with counsels , writings , and words sed invocato etiam brachio seculari , igne & ferro tollere & abolere , sicut pontifer & nostra vota ; ; ( contra lutheranos suscepta ) volunt & mandant . but likewise by calling in to our assistance the secular arm ( of an army ) to take away , and destroy them with fire and sword , as the pope and our oathes ( taken against the protestants ) will and command . and may we not then safely conclude , they have been the original contrivers , fomenters , continuers of all our late intestine and forraign wars , by land and sea , with our christian protestant brethren and allyes , ( as k sundry parliament declarations of both houses aver and attest ? ) and that many of them have secretly crept into , and listed themselves souldiers in our armies , on purpose to put on foot their designs against our king , kingdoms , churches , religion , and perpetuate our civil wars ? and so much the rather , because , a alphonsus de vargas ( a spanish popish priest ) informs us : that the jesuites , being a generation of incendiaries , are so welpleased with the name of their founder ignatius , derived from fire , and signifying a caster about of wild-fire , or an incendiary that though his christned name at first was innicus , or inighistas ; ; yet iohannes eusebius nirenberger , a jesuite , in his book , de vita ignatii , printed at madrid , 1630. most falsly records , that his parents at his baptism , being in doubt what name to give him , thereupon the infant himself , with a loud voice , said , he would be named ignatius , to signifie what office he should obtain in the church and world , even to cast abroad fire in them , and set them all in a flame . hereupon his disciples the jesuites , considering that this their founder was by his name a firebrand , and a souldier by his profession , professed publikely to the king of spain , his councel and the world , that it was no less consonant to the mind , institution and statutes , then to the name of their warlike father ignatius , that they should not onely exercise , but publikely profess and teach to others , artem pyrotechnisam , &c. the art how to make and cast abroad fire-balls , fire-works and wild-fire , to fire and burn houses and cities : and likewise the art of warre , of setting armies in battel array , of assaulting cities , the maner of making gun-powder , bullets , fire-bals ; of casting guns , and the maner and wayes of making all other military works , engines , together with rules and precepts belonging to navigation , & omnia maritini belli munia : and all duties and incidents belonging to sea-fights . upon which they perswaded the king of spain ( notwithstanding the opposition of all the universit●es of spain against it ) to erect a publike university for their fiery martial order at madrid , and to endow it with an annual revenue of ten thousand crownes ; wherein they set up a publike lecture concerning war and all incidents appertaining thereunto ; with this printed title : acroasis , de re militari in qua pracipietur doctrina & forma militiae veteris & hodiernae , & species mathematum arti isti subordinatarum : quae sunt tactica , five de acie instruenda , topographica , machinaria militaris , organo poetica , pyrotechnica , ; &c. hanc acrosia faciet , p. hermannus hago ( a jesuit ) quarta pomeridiana usque ad quintam . this is the first publike military lecture i ever read of erected in any university amongst christians , and professors of the a gospel of peace ; who are expresly enjoyned by the b god of peace , and prince c of peace d to put up their swords into their scabberds , because all those that that the sword , shall perish with the sword . e to beat their swords into plow●shares , and their spears into pruning-hookes : not to lift up the sword against one another , neither to learne war any more . yet such bloody incendiaries and delighters in war are the jesuites , that they thus publikely teach others the art of war and fire-workes , to set the whole christian world in combustions and open warres against each other ; which they have everywhere accomplished , and that upon this accompt : that the gospel of jesus is principally to be taught and propagated by armed power , exercitu & armorum usu ; by an army and the use of armes ( whereby they now propagate it in our kingdomes the quite contrary way , to the ruine of our church and religion : ) whereupon f vargas passeth this just censure on them : hos velut ignigenos illis comici verbis recte quis a se amoliri , & in malam rem abire jusserit . apage illum a me ; nan ille quidem vulcani irati est filius . quaqua tangit , omne amburit ; si prope abstes , calefacit . and a german frier in his astrum inextinctum , gives this true character of them : discordias inter suprema reipublicae christianae capita seminare credimus esse veritati patrocinari ; quam salvam esse negant , quamdiu principes isti inter se non colliduntur hoc est flammas in europa suscitare , sicut gloriantur patrem societatis ignatium , esse illum , de quo christus dexerit , veni ignem mittere in terram , hoc est , classicum in aulis principum canere , & illos inter so committere . 4. that the g jesuites from the first erection of their military order , have conspired , attempted to subvert and utterly extirpate ( under the name of schismatickes , hereticks , gospellers , heresie , and the gospel ) all professors whatsoever of the protestant religion and their doctrines throughout the world , not onely by machivilian plots and treasons , but by war , fire , sword , holy leagues , armies & armed power , as is evident both by their bookes and practices . to instance in a few particulars both abroad and at home . franciscus veronas constantiensis , a jesuite , in his apology for john castle , anno 1595. part 5. c. 13. resolves , that all wars to extirpate heretickes ( protestants ) ar● lawfull , yea more lawfull then against all other infidels , because heresie according to gods word , is worse then all infidelity . and if war be just against heretickes , how much more just is it against the head of the heretickes ? and if it be just to extirpats hereticall kings out of all christian kingdomes ( which the jesuites entred into an holy league to effect , as you heard before out of campian ) how much more just is it in the most christian kingdom ( france ) to root out king henry the 4 ? ( whom they not onely warred against , but stabbed and murdered as aforesaid . ) h thuanus historiae , l. 65. p 238. and lib. 67. 299. records ; that it is the opinion and sentence of the jesuites , that it is a pious and wholsome thing , that all christians should lay violent hands upon sectaries and protestants , ought to be armed against them , and to make no peace , keep no faith nor truce with them ; yea , that it would be more profitable for the church , and more conducing to gods glory , for all christians to give over their warrs they wage against the turkes by common consent , and to let the turks alone , and to turn all their arms and forces against the evangelical sectaries ( or protestants ) which live amongst them , who are worser , and ought to be more odious to true christians then turkes and ; * utterly to destroy and persecute them to death , rather then to delete the unbelieving mahometans , who are not so dangerous as they . hoc quàm pie , et juxta mansuetudinem christianam dicatur , ipsi qui conscientias alioram moderantur , conscientiam suam rogant ; subjoynes thuanus , though a papist . and joannis paulus windeck , in his book de extirpandis haeres . antid . 10. p. 404. 412. antid . 11. p. 480. and p. 244. positively determines , that the lutheranes and calvinists are to be persecuted with warrs , and not onely to be terrified , but likewise deleted , cut off , taken out of the way , and utterly extirpated with arms and flames . that all catholike princes ought to enter into holy leagues , associations & confederacies , to destroy and root them out , as they did in france , anno 1587. that the oportunity is not to be neglected , namely , quando protestantes pecuniis exhausti sunt ; when the protestants purses and money are exhausted ( as they are now amongst us by excessive endless taxes , excises , civil wars , and a perpetual army too much swayed by jesuitical counsels , to eat us out , and ruine us with our religion in conclusion , ere disbanded . ) and that the catholickes may more easily oppress and destroy these sectaries , they are to be severed one from , and divided against each other , by sundry various arts and means , and all occasions laid hold on for this purpose . ( and are we not so now in all our realmes and dominions more then ever , by the jesuites and romish emissaries ? ) which the emperor charles the 5 observed ( in his proceedings against the protestants in germany ) to his great advantage . in pursuance of these jesuitical i positions , anno 1576. and 1577. the king of spain , duke of guise , with sundry others , jesuited popish princes , nobles and papists of all degrees , by the jesuites instigation , and popes speciall approbation , entred into a bloody conspiracy , or holy league , as they term it : to restore and retain the most holy worship of god , according to the form and maner of the holy catholike apostolike church of rome : to abjure all errors or corruptions contrary thereunto , &c. to spend not onely all their estates , but lives , to repeal all publique edicts in favor of the protestants and their associates ; to extirpate all heresies , heretickes , and pursue all such as publike enemies , with fire and sword to death , who should any way oppose or withstand this league , or refuse to joyne with them in it , or fall off from it upon any pretext , after this oath to observe it . which league they several times renewed : and in the k renovation thereof anno 1598. the jesuits openly boasted , that they would use their utmost endeavours , that before the year 1600. began , evangelium ( so they termed the protestant religion ) radicitus ex orbs toto extirpetur ; should be clean extirpated out of the whole world . the massacres , slaughters of how many thousand protestants by open intestine wars and bloody conspiracies , this league occasioned in france , germany and the netherlands , together with the murders of two french roman catholike kings , the l french and belgick histories of those times , will sufficiently inform the reader . m in the year 1602. the jesuites erected a new colledge and society at thonon in savoy , to convert or utterly extirpate the protestants , under the notion of heretickes . 1. by preachings . 2. by pious frauds . 3. by vi armata : by force of armes : to which new society , many popish kings , nobles and others , gave their names ; and in june that yeare listed above 25000 expert soldiers , all roman catholickes , to put this their designe against the protestants in execution upon the next oportunity : there being above 50 jesuites disguised in lay-mens habits imployed in england , to stir up the papists and people there to joyn with them in this new association , to root out the protestants in all places by the sword , the principal engine used by these ignatians to effect it . to pass by n all the conspiracies and attempts of the jesuites in queen elizabeths reigne , to extirpate our religion and the professors of it by open wars , rebellions , spanish and forraign invasions both in england , ireland and scotland , recorded by mr. cambden , speed and others in her life , and william watson in his quodlibets ; with their attempts of like nature in the beginning of king james his raign , recited in the statutes of 3. jacobi , c. 2. where all may peruse them : i shall onely acquaint you ; that a little before the beginning of our late bloody wars , divisions , ( contrived , fomented by the jesuites and papists , as i o have elsewhere at large , discovered , and p many parliament-declarations attest ) one francis smith an english jesuite , openly affirmed to mr. waddesworth and mr. yaxly , that it was not now a time to bring their religion by disputing or books of controversie , but it must be done by an army , and by the sword. and it is very considerable , that when the jesuites spanish and romish agents had engaged the king and english protestants against their protestant brethren of scotland , 1639. to cut one anothers throats ; the king of spain had provided a great new spanish armado by the jesuites sollicitation , and a great land-army of old spanish soldiers to invade the western and southern parts of england , then destitute of all forces , arms & ammunition to defend it , all drawn to the northern parts against the scots ; and to joyn with the popish confederates here , to extirpate the english he retickes and protestants : which designe of theirs , through the hollanders unexpected encounter , which scattered their fleet upon the english coasts , and the pacification with the scots , before any engagement of both armies , was happily prevented . that this spanish fleet was then especially designed for england , appeares ( besides other evidences , which i have q elsewhere touched ) by the confession of an english pilot in that navy upon his death-bed , mortally wounded in the first fight , to an english minister and others , to whom he revealed it out of conscience ; by some letters i have met with ; and by a pamphlet made and printed by the jesuites , anno 1640. intituled r the jubilee of the jesuites , taken from a papist at redriffe , and presented by sheriffe warner to the whole commons house , november 14. 1640. wherein among other passages then read in the house , ( entred in the journal of that day , out of which i transcribed them : ) there was a particular prayer , for the holy martyrs that suffered in the fleet sent against the hereticks of england , 1639. with this advice ; that the papists must fish in troubled waters , ( to wit , whiles that the king was ingaged in the wars against the scots : ) with * certain prayers added , for their good success in that designe against the scots . for the more effectuall carrying on whereof , the popes nuncio , with the s colledge of jesuites then in queen-street , secretly summoned a kind of parliament of roman catholicks and jesuites in london , out of every county of england and wales , in which conne the popes nuncio sate president , by the queens commission and direction , in april , 1639. who granted and collected an extraordinary large contribution , by way of subsidy , from the papists , to carry on this war against our protestant brethren of scotland , and raise forces to joyne with the spainards , whom they then expected , to cut the english protestants throats . the jesuitical and prelatical popish party much displeased with the defeat of this their plot , by the unexpected pacification with the scots , 1639. induced the king soon after to break and revoke it , t anno 1640. ( the very year of the * jesuites jubilee , which they solemnized in all places , being the 100. yeer from the first erection of their order by ignatius , anno 1540. ) they caused a new army to be raised and sent into the north against the protestants of scotland , to subdue & destroy them . at the same time they secretly u listed an army of no less then 7000. romish catholickes , kept in private pay , of purpose to cut the protestants throats who should resist them , and to conquer the protestants in england first , and then in ireland ; which designe they were to put in execution , when the pope or his legat , with the spanish , french and venetian ambassadours should appoint ; who designed them to begin to execute it , when the king went into scotland against the scots ; as o conner ( the queen-mothers priest ) confessed to anne hussey , who justified it to the lords of the councel then , and afterwards , before the lords in parliament upon her oath . the jesuites were so confident of the good success of their designes amongst us , and compleat victory over all the protestants throughout the world this yeare of their jubilee ( making * triumph over their enemies , one of their notes of the true church ) that x they appointed a solemne enterlude to be acted by their society in the publique hall at aquisgran in germany , in honour of their jubilee : wherein they signified to the people , by printed tickets and pageants , that the popish church of rome should be brought in upon the stage , happily fighting against , triumphing and reigning over all her enemies every where throughout the world , in all ages till that present day , and especially of later times , by their meanes . the beginning of this enterlude being happily acted , and succeeding according to their mindes ; at last there were two armies of soldiers brought by them upon the stage , ready to encounter each other : the one of jesuites and papists , fighting for the church of rome ; the other , representing the protestants warring against her . before their fight , a jesuitical actor , clad in black , personating a popish masse-priest , divineth good success to the popish army , praying for it with an affected devotion and solemne invocation ( or rather profanation ) of gods name : after which , the popish army of actors , as being certain of the instant victory , uttered these words to their captain ( as their parts directed them ) with a loud reiterated voyce and shout ; pereat , pereat , quisquis est hostis ecclesiae : let him perish , let him perish , whoever is an enemy of the church : whereupon a great part of the stage on which they acted , together with the whole popish army ( not one souldier or captain excepted ) at the repeating of these words and wishes , fell to the ground immediately , with so great celerity , that many of them felt they were fallen down , before they discerned themselves to fall ; their feigned enemies of the church ( representing the protestants ) standing all fast , at least in place , if not in mind , on the other part of the stage , which fell not at all . with this sudden fall , many of the popish army were bruised in peeces with the beames of the stage falling upon them ; who through pain and horror , needed monitors to silence their outcries ; others having their bones broken and limbes put out of joynt , were carried to the chirugions to be dressed ; and all the rest confounded with shame , crept away secretly under the veile to their lodging . and so this jesuitical enterlude , by divine justice , ended in a real unexpected bloody tragedy and real rout of the whole pretended victorious popish army of jesuites ; and the scotish wars that yeer ( which they so much depended on ) through gods mercy , concluded in a blessed peace and union between both nations . whereupon , the y irish popish rebels , by the jesuites plots and instigations , seconded with secret encouragements , and promises of assistance with arms and moneys from cardinal richliou , the king of spain , pope , and other forraign popish princes , undertook the late horrid bloody massacre of all the protestants in ireland , and surprisal of all the forts , castles , arms and ammunition therein , on the 23 of october , 1641. z being ignatius day , the founder and new canonized saint of the jesuited society , for the greater honour of their patron , order ; they being the chief plotters of this horrid bloody treason . which horrid conspiracie , though happily discovered the night before its execution , at dublin , and some few places else ; yet it took effect in most other parts of ireland , to the slaughter of neer two hundred thousand protestants there , in few months space ; seconded with a bloody warre , for sundry years ; to the losse of many thousands more lives . to this plot * all the papists in england were privy , who intended the like massacre in england ; and soon after by the popes and * jesuits instigations , by the assistance of sorragin popish princes , they eugaged the king and parliament in a long-lasting bloody uncivill , unchristian war against each other , concluding in the kings and parliaments joynt ruines by an army raised for their mutual defence , seduced thereunto through the jesuits instigations and policies . after which , they engaged the protestants of england and scotland ( formerly united by the strictest b●nds and covenants against them ) to war upon , invade and destroy each other by land ; and soon after that ( by the spanish * agents assistance ) raised a most dangerous bloody warre between our protestant old allies of the neitherlands and the english by sea ; to the infinite dammage , prejudice of both , and the effusions of whole oceans of the gallantest christian protestant blood , that ever yet was shed , the expence of more treasure and men in these intest●●e wars , than would have conquered all spain , italy , and the indies , had they been imployed upon such a designe ; and to the entailing of a * perpetuall army on us and our posterities ; more ready ( as we have of late years found by sad experiments ) to hearken to the jesuits clandestine suggestions , ●eductions , and execute their fore-plotted designes to ruine our kingdomes , parliaments , laws , liberties , monarchy , church , religion , then to follow the advice , votes councels , directions , commands of our parliaments , kingdomes , and the best affected protestants of all ranks who first raised , and have so long maintained them , for quite other ends ( hereafter touched ) then what they ( of late times ) have most pursued , to the popes and jesuits great content . 5. that the jesuits have endeavoured , attempted the convulsion , concussion , subversion not onely of the empires , realms , and ancient setled governments and states of germany , russia , bohemia , hungaria , france , poland , but likewise of england , scotland and ireland , and to new model them into * other forms of government . what mould of government they intended to cast england into , is thus long since described by william watson ( a secular priest ) in his quodlibets , anno 1602. page 309 , 310 , 330 , 331. england is the main chance of christendome at this present , by seditions , factions , tampering and aspiring heads : the onely but , mark , white , the jesuits aym at , as well in intention as execution of their pretended expedition , exploit and action . i am of opinion , that no man on earth can tell what government it is they intend to establish , ratifie and confirm , when they come to their preconceited monarchy ; no not any of their plot casters . no question it is , but their government shall be as uncertain as their new conceited monarchy ; their monarchy as mutable as their reign , and their reign as variable as the winde , or proteus in his complements . but no question is to be made of it , but that the government they do directly intend at this present is , a most absolute soveraignty , dominion and state , clearly exempted from any subordination , to any law or legifer divine or humane ; and therefore it is rightly called despoticon in the highest degree of exemplary immuni●le , * imperiality and absolute reign , rule and authority , as containing in it three sorts of government ; s●il . monarchical , aristocraticall , democraticall , in matters of counsell and mannaging of common wealths causes ; not in point of regality , honour and inheritance ; for there shall be neither title , nor name , nor honour given , taken or done to any prince , duke , marquesse , earl , viscount , lord , baron , or the like , ( all the jesuitical governours being puritan like , seniours , elders , provincials , &c. ) neither shall there be any successions by birth or blood , to any honour , office or magistracy from the monarch , pater general , to the minor , p●ter minister , but all shall go by * election or choice . whether our late and present variable floating new moulded governments have not been cast by this long since predicted jesuiticall mould , let wise men , with all our late , yea present governours , now sadly consider and determine . 6. that the * jesuits in a publique disputation held at madrid , published by them under this title ; conclusiones politicae sub regis domini nostri praesidio , instructed the king of spain ( their chief protector , * whom they most extoll above all other kings , to promote both his universall monarchy and their own thereby . ) that in relation to his empire , power was necessary , which power they defined to be ; a faculty , not onely of retaining the kingdomes he already possessed , but likewise of acquiring other mens . perswading him by this doctrine to believe : that he was therefore consecrated a catholike king by god , that he might enjoy a faculty , not onely of keeping his own , but also of invading and seising upon other mens dominions . for to retain ones own , was the praise onely of a private family : de alienis certare regia laus est : but it was a royall praise to fight for that which is other mens : nec regnandi causa jus violare crimen est , dum caeteris rebus pietas colatur : neither is it a crime to violate law or right , to reign or gain a crown , whiles that piety in other things shall be observed . which jesuitical machivilian unrighteous doctrine , though ( as alphonsus vargas , a spanish popish priest resolves ) it be diametrically contrary to the doctrine of our lord jesus himself , instructing men , that * aliena obtinere non potentis principis , sed impotentis ac violenti praedonis est : yet the jesuites and their instruments of late years have sufficiently propagated it amongst our english grandees and army-saints ; for a most sacred oracle , as their violent invasions of other mens realms , powers , offices , pallaces , lands , estates , and possessions of all kindes , by meer armed power and might , demonstrate beyond contradiction . 7. that the * jesuites in their book , de zelo s. ignatii in religione sua instituenda , printed at madrid , p. 13 , do glory ; hoc societatis proprium esse , ut quotidie nov●● promat inventiones quibus homines ad deum perducantur : that this is the property of their society , that it daily brings forth new inventions , whereby men may be brought home to god ( that is , to their religion and society ) the principle whereof they , and vargas record , to be these . their perswading of men to embrace the gospel , by an army ; the use of armes , power , terrour , fire : their exercise of merchandize ( which many of them in most places & in * england too , now use , they being very great merchants , factors , and returners of moneys by bils of exchange ) and of all other secular imployments , callings , in lay-mens habits , the more easily to insinuate themselves into all countries , places , companies and societies of men to infect , seduce , and discover their secrets , according to this their received maxime ; jesuita est omnis homo : a jesuit is every man : that is , a man of all professions , callings , sects , religions to effect his ends : their questioning , traducing , oppugning , censuring of all the articles of the apostles creed , and received principles , doctrines of christian religion ; corrupting , slighting , falsifying the scriptures themselves , together with councils , fathers , schoolmen , and all other divines ; but those onely of their own order , which they incomparably extoll above and prefer before all other : their venting of new opinions , notions , revelations , expos●●ions , crochets , herefies , problems , both in divinity itself , and all other arts and sciences in the presse , pulpit , universities , schools . and if these ( as vargas assures us ) be their properties and new inventions to propagate the gospel , and draw men unto god ( which our lord jesus himself and his true disciples were wholy ignorant of ) may we not certainly conclude , that they have of late years been extraordinary busie at this their harvest work amongst us , and more especially in spreading their gospel by an army , and taking upon them the use of arms , in 〈◊〉 of their military father ignatius , with all other secular imployments , and new sects to draw proselites and new separate congregations to them , throughout our realms , to destroy both our church discipline and religion , as well as our civill government and laws ? 8. that as the whole house of commons in their * remonstrance of 15. december 1641. charge the jesuites , and late jesuited court-counsellors , with a malignant and pernicious designe , of subverting the fundamental laws and principles of government upon which the religion and justice of the kingdome are firmly established . so william watson a secular priest , chargeth father parsons , the english jesuite , and his jesuited companions , in their memorial for reformation of england , when it should be reduced under the power of the jesuites ( as parsons was confident it would be , though he should not live to see it ) written at sevil in spain , anno dom. 1590. that they intended to have magna charta , with our common fundamental laws and liberties , abrogated and suppressed : thus expressed by william watson in his quodlibets , pag. 92 , 94 , 95. father parsons and the jesuites in their deep jesuitical court of parliament , begun at styx in phlegeton , have compiled their acts in a compleat volume , intituled : the * high covrt of reformation for england . and to give you a taste of their intent by that base court of a tribe of traitors sawcily ( like to gade , jack straw , and tom tiler ) vsvrping the avthority of both states , ecclesiastical and temporall in all their rebelliovs enterprices : these were principall points discussed , set down , and so decreed by them , &c. he first mentions three of them relating to * church-men , scholars , and church and colledge-lands : which were to be put in fee off●●s hands , and they all to be reduced unto arbitrary pensions , &c. and then proceeds thus to the fourth . the fourth statute was there made concerning the common laws of this land ; and that consisted of this one principal point , that , all the great charters of england must be burnt ; the manner of holding lands in fee simple , fee tail ; kings service , soccage or villanage , brought into villany , scogg●●y and popularity ; and in few , the common law must be wholy annihillated , abolished , and troden down under foot , and caesars civill imperials brought amongst us , and sway for a time in their places . all whatsoever england yeelds , being but base , barbarous , and void of all sence , knowledge , or discretion shewed in the first founders , and legifers ; and on the other side , all whatsoever is or shal be brought in by these out-casts of moses , stain of solon , and refuse of lycurgus , must be reputed for metaphysical , seme-divine , and of more excellency than the other were . which he thus seconds , quodlibet 9. article 2. p. 286. first , it is plain , that father parsons and his company ( divide it amongst them how they list ) have laid a plot , as being most consonant and fitting for their other designments , that the common laws of the realm of england must be ( forsooth ) either abolished utterly : or else , bear no greater sway in the realm than the civil law doth . and the * chief reason is , for that the state of the crown and kingdome by the common laws is so strongly settled , as whilest they continue , the jesuites see not how they can work their wills . and on the other side , in the civil laws , they think they have some shreds , whereby they may patch a cloak together to cover a bloody shew of their treasons for the present , from the eys of the vulgar people . secondly , the said good father hath set down a course how every man may shake off all authority at their pleasures , as if he would become a new anabaptist , or king john of leydon , to draw all the world into mutiny , ●ebellion and combustion . and the stratagem is , how the * common people may be inveigled & seduced to conceit to themselves such a liberty or prerogative , as that it may be lawfull for them , when they think meet , to place and displace kings and princes , as men do their tenants at will , hirelings or ordinary servants . which anabaptistical and abominable doctrine , proceeding from a turbul●nt tribe of traiterous puritan●s , and other hereticks , this treacherous jesuite would now foist into the catholick church , as a ground of his corrupt divinity . and p. 330 , 332. he intends to alter and change all laws , customs , and orders of this noble isle . he hath prejudiced the law of property , in instituting government , governours , and hereditary princes to be , beneplacitvm popvli , and all other private possessions , ad bene-placitum sui &c whether any such new deep jesuitical court of parliament , and high court of reformation for england , to carry on this old design of the jesuites against our laws , hath been of late years sitting amongst us in or neer westminster , or elswhere , in secret counsel every week , as divers intelligent protestants have informed me , and * hugh peters reported to divers on his own knowledge ( being well acquainted with their persons and practises of late years ) it concerns others neerer to them , and more able then i to examine . sure i am , a greater man by far then hugh peters , in an assembly of divines and others , for reconciling all dissenting parties , not long since * averred to them on his own knowledge : that during our late innovations , distractions , subversions in church , state , and overturning of laws and government , the common adversary hath taken many advantages , to effect his designes thereby in civill and spiritual respects . that he knew very well , that emissaries of the jesuites * never came over in those swarms , as they have done , since these things were on foot . that divers gentlemne can bear witnes with him , that they had a consistory and councel abroad , that * rules all the affairs of the things in england . that they had fixed in england , in the limits of most cathedrals ( of which he was able to produce the particular instrument ) an episcopal power , with archdeacons and other persons , to pervert , seduce , and deceive the people : and all this , whiles we were in this sad and deplorable distracted condition . yea , most certain it is , that many hundreds ( if not some thousands ) of them , within these few years , have been sent over from forraign seminaries into england under the disguises of * converted jews , physitians , chyrurgions , mechanicks of all sorts , merchants , factors , travellers , souldiers , and some of them particularly into the army ; as appears by the late printed examination of ramsey the anabaptized , new-dipped jesuite , under the mask of a jewish convert , taken at new castle in june 1653. and by sundry severall late instances i could name . to pretermit all instances of diverse particular jesuites come over into england , not only within these few years but moneths , discovered by persons of credit ; with sir kenelm digby ; who though the son of one of the executed old popish gunpowder traitors ; a dangerous active seducing jesuited papist , if not a professed jesuit ; * who in the years 1638 and 1639. conspired with the popes nuncio and a conclave of jesuites sitting in council at london , to subvert our religion , introduce a universall tolleration of the popish religion in our kingomes , new modle and shake our former established government , and to poyson , destroy the late king himself , in case he consented not to them therein : and for this very purpose , both plotted , raised , promoted the first wars between the protestants of england and scotland , * which he abetted all he could , by his letters and secret collections of moneys from all the papists throughout england and elswhere , who largly contributed to this war and designe : for which he , sir john winter , master mountague and others ( who had a hand in this conspiracy ) were convented and brought upon their knees at the commons house-bar , jan. 28. 1640. upon which he retyring into france was about may 1645. sent as a speciall embassadour from the queen to the pope of rome himself , to solicit him for ayds of monies , men , arms , against the parliament ; is first audience , he had the best reception ; and fairest promises of aid in general that could be wished ; writing hopefully of supplies of moneys from rome to the queen and others , as both houses of parliament in their c declaration and letters , ( published 26 march 1646. ) proclaim to all the world ) and likewise good hopes of d a cardinals cap for himself , or the lord aubeny , or mr. mountagne , for which he and the queen sollicited . after that , upon his return from rome , he was sent over into england about decemb. 1648. as e a fit instrument to new-moddle us into a commonwealth , and promote the violent proceedings of the army officers and their confederates ( set on work by the jesuits and their agents , ) against the late king , parliament , members : where , upon his arrival , he was , instead of being apprehended and brought to justice for the premises , hugged by some grandees whom he courted , permitted to ride and walk about at large , while the members were under strict guards and restraints ; frequently repaired to whitehall , where he was well received ; his sequestration totally taken off , without any fees or gratification , by special order ; and himself now at last permitted to lodge not only in wildemans house , ( where the queens capuchins formerly resided ) but sometimes in whitehall it self ; to the admiration of many understanding protestants , who justly suspect , he hath there more disguised iesuits to consult with , and promote both their old and new designs against our church , state , religion , laws , liberties , till they have brought them and us to utter ruine . i shall for brevity sake acquaint you with one memorable general instance , discovering what swarms of jesuites are now amongst us , under other visors . an english protestant nobleman ( a person of honor ) whose ancestors were papists , being courteously entertained within these two years at rome by some eminent iesuits , in their chief colledge there , was brought by them into a gallery having chambers round about it , with titles over every door for several kingdoms , and amongst the rest , one for england . upon which , he enquiring of the iesuits , what these titles signified ; was answered by them , that they were the chambers of the provincial iesuits , of each kingdom and province ( written ever the respective doors ) wherein they had any members of their society now residing , who received all letters of intelligence from their agents in those places every week , and gave account of the to the general of their order . that the provincial for england , lodged in the chamber over which the title england was written , who could shew him the last news from england : which he desiring to see , they thereupon knocked at the door , which was presently opened : the provincial being informed who & what the lord was , read the last news from england to them . hereupon the nobleman demanded of them . whether any of their society were now in england ? & how they could stay with safety , or support themselves there , seeing most of the english nobility , gentry , and families that were papists , were ruined in their estates , or sequestred by the late wars & troubles , so as they could neither harbour , conceal nor maintain them , as they had done heretofore ? they answered , it was true ; but the greater the dangers and difficulties of those of their society now in england were , the greater was their merit . and that they had then above fiftéen hundred of their society in england , able to work in several professions & trades , which they had there taken upon them , the better to support & secure themselves from being discovered ; ( who , together with some popish priests and friers no doubt , upon diligent inquiry will appear to be the * chiefest speakers , quakers , disputers , seducers , rulers in most separate congregations , and the principle brochers of all new opinions , blasphemies , now abounding amongst us . ) this relation i have heard from the mouth of a reverend divine more than once ; to whom this noble lord , upo his return into england not many months since , seriously related the premises , averring the truth of them upon his honour . yet for all this , since the stupendious pretended repeals and annihilations of the oaths of supremacy and allegiance , & that of abjuration of popery ( consented to by the late king in the isle of wight ) purposely made for the better detection and prevention of iesuites , and their treasonable forementioned practises against our church , kingdoms , princes , religion , parliaments , and government , by the wisdom and zeal of our best affected vigilant * protestant parliaments ; i can neither hear nor read of any effectual means , endeavoured or prescribed by any in power , for the discovery of these romish ianizaries , or banishing , feretting , and keeping them out of england , where they have wrought so much mischief of late years , and whose utter ruine they attempt : nor any incouragement at all given to the discoverers of their plots and persons ; but many affronts and discouragements put upon them , and particularly on my self , lately mewed up close prisoner , under strictest guards in remotest castles , near three years space ( without * any accusation , hearing or particular cause yet assigned or disclosed to me , though oft then and since demanded by me from my imprisoners ) whiles they all walked abroad at large , of purpose to hinder me from any discoveries of their practises by my pen , where as they printed , vended publickly here in england above 30000 popish books of several kinds during my imprisonment , without the least restraint , to oppugne our protestant established religion ( as * many of them do in terminis as most damnable heresie ) propagate the jesuites plots , and antichristian romish church and religion amongst us , as you may read at large in the stationers beacon fired ; which seasonable book , and discovery of these romish emissaries books and plots , some * officers of the army , in their beacon quenched , publickly traduced in print , as a new-powder-treason of the presbyterian party , to blow up the army , and that pretended parliament ( of their own erection ) which themselves soon after blew up and dissolved in good earnest , pleading for a free toleration of such popish books , and all religions , as agreeable to the armies engagements and principles , to carry on their designs against our religion and laws . but most certain it is ; there hath been of late years not only a general councel of officers of the army sitting many moneths together in councel , to * alter and new model all our ancient laws and statutes , in pursuance of father parson's design ; but likewise two conventicles of their own selection and election , sitting of late in the parliament house at westminster , assuming to themselves the name , and far more than the power , of the parliament of the commonwealth of england ; together with the transcendent ambitious title of the supream authority of the nation , ( in derogation of the army officers supremacy , who sufficiently chastised them for this strange usurpation ) who have made it their chief businesse , not only to new-model our ancient fundamental government , parliaments , ministry , ministers maintenance , by glebes , tithes , and our universities , much according to parsons and his fellow jesuites forementioned plat-formes , and thomas campanella his instructions to the king of spain , de monarchia hisp. c. 25. but likewise to new-mould , subvert , eradicate the whole body of our * municipal laws , and with them the great charter of our liberties it self . and in their last cas●iered , unelected convention , ( as some of their companions , now in greatest power assure us , in their ſ true state of the case of the commonwealth of england , &c. london , 1654. p. 5 , 16 , 17 , 18. ) there was a strong prevailing party whom nothing would satisfie , but a total eradication of the whole body of the good old laws of england ( the guardians of our lives and fortunes ) to the utter subversion of civil right and propriety ; who likewise took upon them ( by vertue of a supposed right of saintship in themselves ) to lay the foundation of a new platform , which was to go under the name of a fift monarchy ▪ never to have an end , but to * war withall other powers and break them to pieces , baptizing all their proselites into this principle and perswasion ; that the powers formerly in being , were branches of the t fourth monarchy ( of england , scotland ; and ireland ) which must be rooted up and destroyed . and what other fifth monarchy this could be , but that projected universal monarchy of the iesuites , which would bring the whole monarchy of great britain and ireland , together with france , spain , and all other princes , states in christendome under the ●esuites subjection , and break all other powers in pieces ; ( mentioned by watson , in his quodlibets p. 306 , to 333. and alphonsus de vargas , relatio de stratagematis & sophismatis politicis societatis iesu , ad monarchiam orbis terrarum sibi conficiendam c. 8. &c. ) or else , that elective new monarchy of great britain and ireland , projected by v campanella and cardinal richelieu , which some grandees now endeavour by their instrument to erect and perpetuate for ever x without alteration in themselves and their successors , ( though they thus expresly brand it in others ; ) let themselves , and wise men resolve ? it being apparent , by the practises and proceedings of all the propugners of this new project , that this fifth monarchy they intend to erect , is neither the spiritual * kingdom of iesus christ in their own hearts , mortifying their ambitiō , covetousness , pride , self-seeking , unrighteousness , violence , rapines , & other worldly lusts ; nor the personal reign of christ himself alone , in and over our 3 kingdoms , and all other nations for ever , * depriving all temporal kings and princes of their crowns , rights , and government over their subjects ; which they falsly endeavour to evince from dan. 2. 44 , 45 , c. 7. 14 , 27. micah 4. 1 , 2 , 7. luke 1. 32 , 33. rev. 20. 1. to 8. 1 cor. 15. 24 , 25. heb. 12. 26 , 27 , 28. but a meer supream , arbitrary , temporal authority without bounds or limits , encroached by and erected in themselves and their confederates , without any colour of right or title by the laws of god or the realm , and no ways intended , but refuted by all these sacred scriptures & others , which explain them . this design of the jesuites , to alter and subvert the whole body of our laws , was so far promoted by the iesuitical and anabaptistical party in this last assembly , ( elected only by the y army-officers , ) that on aug. 20. 1653. ( as our news-books print , ) they ordered , there should be a committee selected , to consider of a a new body of the law , for the government of this commonwealth , who were to new-mould the whole body of the law : according to parsons his mould . and hereupon our cheating astrologers ( especially lilly & culpeper , the z iesuites grand factors to cry down our laws , tithes , ministers ) from the meer visible earthly conjunctions , votes , motions , influences of these new wandring excentrick planets at westminster only , ( not of any coelestial stars , as they would make country-clowns believe , alwayes moving and acting themselves by an unalterable law from the very creation until now , gen. 1. 14. to 19. c. 8. 22. psal . 104. 19. psal . 136. 8. 9. ier. 31. 35 , 36. c. 33. 20 , 21. iob 38. 32 , 33. therefore no ways exciting men to alter fundamental laws and governments here on earth ) took upon them in their a monthly prognostications for this year 1654. versity & college lands by monthly endless taxes , excises , & a perpetual law , tith-oppugning , parliament-dissolving army , in whose councels , we have cause to fear , the iesuites have been most predominant of late years , and will still make use of them to our final ruine , if not effectually purged out , and the army new moulded , new principled , if any longer continued under pretext of publick safety , and not wholy disbanded for the peoples ease and liberty . it is worthy observation , that tho. campanella a prescribed the sowing , and continual nourishing of divisions , dissentions , discords , sects and schisms among us , both in state and church ( by the machivilian plots and policies he suggests , punctually prosecuted among us of late years ) as the principal means to weaken , ruine both our nation and religion , and bring us under the spanish and popish yokes at last : witness his , iamvero ad enervandos anglos nihil tam conducit quam dissentio et discordia inter illos excit at a perpetuoque nutrita , quod cit● meli●res occasiones suppeditabi● : and that principally , by instigating the nobles and chief men of the parliament of england : ut angliamin formam reipublicae reducant ad imitationem hollandorvm : which our republicans lately did by the power of the army officers ; or , by sowing the seeds of an inexplicable war , between england and scotland ; by making it an elective kingdom , ( as some now endeavour under another notion ) or by setting up other kings of another race , without legal right , or just title , against that ancient , unquestioned , undoubted right and title setled , established in king iames and his royal posterity by inherent birthright , and lawfull right of descent by * god himself and his laws , confirmned & strengthned by all possible titles and rights of compact , laws , statutes , oaths , perpetual uncontradicted custome , protestations , covenants , the solemn publick faith and engagement of our english parliaments & nation , for themselves , their heirs & posterities for ever , as the statutes of 1 iacobi c. 1. 2 , 3 , iac. c. 1. 4 , 7. iac. c. 6. which both houses of parliament in their declaration of nov. 2. 1642. exact collect. p. 705 resolve . and that upon this suggestion to the people ; crudelem fore scotum ubi semel imperium in illos obtinuerit ▪ 〈…〉 mente , repostum , quanta injuria angli scotos superioribus illis annis afficerint . praeterea suspicionem cis incu●iat , fore ut jacobus caedem maternam vindicaturus sit , &c. exasperandi sunt etiam animi episcoporū ( presbyterorū ) anglicorum proponendo illis regem scotiae calvinismum amplexum esse spe & cupiditate regni , adactumqve vi , a baronibus haereticis ; quod si vero regnu● angliae etiam ●btineat , tvm illvm cito priorem religionem revocaturum esse : qùandoquidem non solum maria ejvs mater moriens , virum etiā rex ipse galliarvm svmmopore ei religionem catholicam commendarint , &c. yet now transcribed almost verbatim out of * thomas campanella , ( who suggested it against king james to alienate the english from him , & keep him from the crown ) & very freshly by the authors of , the true state of the case of the commonwealth , &c. p. 48 , 49. objected against the present king of scots and royal issue , to deprive him and them from the crowne of england , and engage the whole english nation against their title , to vest it in some other family in greatest power . ) or if these projects should fail , then by dividing us into many kingdoms or republicks , dislinct one from another ; and by sowing the seeds of schisms , and making alterations and innovations in all arts , sciences , and our religion . the old plots of b campanella , c parsons , and late designs of d cardinal richelieu , of the pope , spaniard , jesuites , to undo , subvert our protestant churches , kings , kingdoms and religion , as the marginal authors irrefragably evidence : yet all visibly set on foot , yea , openly pursued , and in a great measure accomplished by some late , nay present grandees and army-officers , who cry up themselves for our greatest patrons , preservers , deliverers , and anti-jesuits , when they have rather been but the * jesuites , popes , spaniards and other forraign enemies instruments and factors , in all the late changes , new-models of our government , parliaments , & pretended reformations of our laws and religion , through inadvertency , circumvention , or self-ended respects , as many wise and godly men justly fear . for prevention whereof , i shall recommend to the whole kingdoms serious consideration , the memorable preamble of the statute of 25 h. 8. c. 22. discovering the like plots of the pope and our forraign enemies to 〈…〉 to prevent them for the future , in these ensuing words . in their most humble wise shewen unto your majesty , your most humble and obedient subjects , the lords spiritual and temporal , and the commons in this present parliament assembled : that since it is the natural inclination of every man , gladly and willingly to provide for the surety , both of his title and succession , although it touch his only private cause : we therefore , most rightful and dreadful soveraign lord , reck●n our selves much more bounden , to beseech and instant your highness , although we doubt not of your princely heart and wisdom , mixed with a natural affection to the same , to foresee and provide for the perfect surety of both you and of your most lawful succession and heirs , upon which dependeth all our joy & wealth ; in whom also is united and knit , the only meer true inheritance and title of this realm , without any contradiction : wherefore , we your said most humble and obedient subjects in this present parliament assembled , calling to our mind the great divisions , which in times past have been in this realm , by reason of several titles pretended to the imperial crown of the same ; which sometimes , and for the most p●rt , ensued by occasion of ambiguity and doubts , then not so perfectly declared , but that men might upon froward intents expound them to every mans sinister appetite and affection , after their sence , contrary to the right legality of the succession and posterity of the lawfull kings & emperors of this realm , whereof hath ensued great effusion & destruction of mans blood , as well of a great number of the nobles , as of other subjects , and specially inheritors in the same . and the greatest occasion hath been , because no perfect & substantial provision by law hath binmade within this realm it self , when doubts and questions have been moved , & proponed of the certainty & legality of the succession & posterity of the crown . by reason whereof , the bishop of rome , & see apostolick , contrary to the great and inviolable grants of jurisdictions by god immediatly to emperours , kings & princes in succession to their heirs , hath presumed in time past , to invest who should please them to inherit in other mens kingdoms & dominions ; which thing , we your most humble subjects , both spiritual and temporal , do most abhor & detest : and sometimes other forraign princes and potentates of sundry degrees , minding rather dissention & discord to continue in the realm , to th'utter desolatiō therof , then charity , equity , or unity , have many times supported wrong titles , wher by they might easily & facilly aspire to the superiority of the same , the continuance & sufferance whereof deeply considered & pondered , were too dangerous and perillous to be suffered any longer within this realm , & too much contrary to the unity , peace and tranquility of the same , being greatly reproachful and dishonourable to the whole realm . in consideration wherof , your said most humble and obedient subjects , the nobles and commons of this realm , calling further to their remembrance , that the good , unity , peace , and wealth of this realm , and the succession of the subjects of the same , most specially & principally above all wordly things , consisteth and resteth in the certainty and surety of the procreation , & posterity of your highness , in whose most royal person at this present time , is no manner of doubt or question , do therefore most humbly beseech your highnes , &c. to declare the establishment of the successiō of your royal posterity in the imperial crowns of this realm : as he and they did by this & other succeeding acts of parl. & in 1 eliz c. 3. & 1 jac. c. 1. to prevent the like civil wars and mischiefs for succeeding ages , now revived , promoted by the pope , jesuits , & foraign popish princes to work our ruine . certainly , whosoever shall seriously ponder the premises , with these passages in william watsons quodlibets concerning the jesuits , e 1. that some of the jesuits society have insinuated themselves into all the princes courts of christendom , where some of their intelligencers reside , and set up a secret counsel , of purpose to receive and give intelligence to their general at rome , of the secrets of their soveraigns , and of all occurrents in those parts of the world , which they dispatch to and fro by such cyphers , which are to themselves best , but comm̄only only to themselves known , so that nothing is done in england , but it is known at rome within a month after at least , & reply made back as occasion is offered , to the consequent overthrow of their own natural country of england , and their native princes and realms , by their unnatural treasons against them ; that so the jesuits might be those long gowns , which should reign and govern the island of great britain . to which i shall add that of rob : turner an english jesuit , in his epistles printed at ingolstad , an. 1584. ep. 19. volui irrepere , volui irrumpere in intimas aulas principum ; volui videre omnia , ut ad justitiae norman praeclare exigerem . vix coeperam obi●e principū aulas , cum viderim hoereticorū illum mundum administrari a stultis , &c. with that of hospinian , historia jesuitica l. 3. p. 148. that the jesuits are so subtil , vigilant , bold , laborious , and indued with such a faci●lty of flattery , insinuation , acting and hurting in princes courts , that they exactly discover , know , and fish out all their secrets , ( which they eve●l to their superiors , the pope and spaniard ) and alone rule all things in them : so that the courts of europe are more grievously infested & afflicted by the iesuites , than the court of pharoah was of old by the aegyptian ●rogs . and may we not then justly fear our new court hath been as much pestered and infested by them of late years , as our old court heretofore ? 〈◊〉 f that the jesuites hope and endeavour to have england , scotland and ireland under them , to make these northern islands a iaponian island of iesuites , and one iesuitical monarchy , ; and to infeoffe themselves by hook or by crook in the whole imperial dominions of great britain with the remainder over to their corporation , or puni-fathers succeeding them , as heirs specially in their society , by a state of perpetuity : putting all the whole blood royal of england to the formidon , as but heirs general in one predicament together , as now they have done . 3. g that the jesuites have magistracy , kings , magistrates , ministers , priesthood , and priests in high contempt ; publishing many slanderous , seditious ; trayterous , and infamous speeches , libels , and books against them , to render them odious and contemptible to the people , full of plots , exasperations against the church and commonwealth , like rebellious traytors , to bring all into an uproar , that they may have all countries , kingdoms , governments , successions , states , inhabitants , and all at their pleasure . 4. that the h jesuites have taught the people ( in order to get england under their power , and in order to god or religion , as they stile it , ) that subjects are bound no longer to obey wicked or heretical princes and kings deflecting from the catholick religion , and drawing others with them , but till they be able by force of arms to resist and depose them . that the popular multitude may upon these grounds , when they think meet , place and displace their princes and chief officers at their pleasure , as men may do their tenants at will , hirelings , or ordinary servants , putting no difference in their choice vpon any right or title to crowns or kingdome , by birth or blood or otherwise , then as these fathers ( forsooth ) shall approve it , by this all things must be wrought and framed , conformable to opportunities of times and occasions ; as for example : the people must have a right and interest in them , and to doe what they list in choice of their kings and supream governours , til they have set such a person or usurper in the crown , * as they for their ends have designed ; and then the times and occasions changing , when such a one is setled in the throne , the former doctrine and practises must be holden for a mistaking ; yet such , as seeing it cannot be holpen , the people must beware herafter of attempting the like again . by this a check must be given to the publishers of such paradoxes , ( when they have accomplished their designed ends , ) after that a dispensation procured for the offenders , and then all shall be well ever after ; till a new opportunity for their further advantage . 5. that the i jesuits by abs●rd equivocations , counterfeited perjuries , sacriledges , and cousenage , become all things to all men , that they may gain all ; as to be seminary priests amongst seminaries ; secular priests , among seculars ; religious men , among religious ; seditious men among seditious ; factions spaniards amongst spaniards ; english traytors among traytors ; scotish vilains , among scots , &c. and amongst all these , to deny and affirm , to object and answer , to swear and forswear , whatsoever may be a gain to them , for their pragmatical commonwealth and society . no wonder then , if they transform themselves into all shapes , and take upon them all professions now amongst us . 6. that the k jesuits by their devices and practises , have brought all to machiavels rule , divide et impera , in sowing division , breeding of jealousies , and making of hoslile strife , by opposition of king against king , state against state , priest against priest , peer against peer , parents against children , children against parents , sisters against brothers , servants against masters , wives against husbands , husbands against wives , and one friend against another , raising up rebellions , mvrdring of princes , making uproars every where , until they make those they cannot otherwise winne unto them , either yield to be their vassals to live quiet by them , or force them to flight , or drive them out of their wits , or otherwise plague them to death . 7. that the l jesuits by their cursed positions , and machiavillian practises , have made religion it self a meer political and atheal device ; a pragmatical science of figboys , and but an art of such as live by their wits , and the principles of machiavel taught by their rabb●es ; yea , a very hotch potch of omnium gatherum , religious , secular , clergical , laical , ecclesiastical , spiritual , temporal , martial , civil , aecomenical , political , liberal , mechannical , municipal , irregular , and all withovt order ; so that they are not worthy to be called religious , ecclesiasticks , catholicks , nor temporal mechannical christians ; but rather machiavillians , atheists , apostates ; their course of life shewing what their study is ; and that howsoever they boast of their perfections , holiness , meditations and exercises , ( as if they were all superlatives , all metaphysicians , all entia transcendentia ) yet their platform is heathenish , tyrannical , sathannical , able to set aretine , lucian , machiavel , yea , and don lucifer , in a sort to school . those , i say , who shall sadly ponder all these premises , and compare them with the late practises , policies and proceedings of some swaying politicians of our age ( infected likewise with this atheistical state-maxime , amongst others derived from the jesuits , and machiavillian spanish state-counsellers : ) in reipublicae administratione , quaedam licita esse ratione statvs , alia respectu conscientiae : which * thomas campanella ( as bad as he is ) not only severely censures , but thus declaims against with highest detestation , qua opinione profecto nihil magis absvrdvm av● impivm ne excogitari quidem potest : nam qui conscientiae universalem suam jurisdictionem in omnes res humanas tam pvblicas qvam privatas , subtrahit , ostendit , se nec conscientiam , nec devm habere , &c. siquidem omnia scandala ecclesiae dei , & pertvrbationes orbis terrarvm , inde orta svnt : that men may do against all laws of god and man , their own consciences , trusts , oaths , out of a pretext of the benefit , safety of the state , & publick good , as most now do ; or , compare thē with the constitution of our church , state , religion , publike affairs , must needs acknowledg , that these pragmatical iesuits have bin very active , prevalent , powerful , successful , and not only militant but triumphant , of late years amongst us , under some disguise or other : that they have dangerously poysoned us with these their machiavillian and atheal policies , practises positions , and have more real disciples , factors , if not tutors , now amongst us , then in any former ages : and is it not high time then to endeavour to detect their persons , and prevent their dangerous designs upon us , with greatest care and diligence ? truly though most others be negligent and fearfull herein , yet that text of ezek. 2. 6 , 7. and thou son of man , be not afraid of them , neither be afraid of their words , though bryars and thorns be with thee , and thou dost dwell among scorpions , be not afraid of their words , nor be dismayed at their looks , though they be a rebellions house . and thou shalt speak my words unto them , whether they will hear , or whether they will forbear , for they are most rebelliovs ; hath animated me to exonerate my conscience herein , and to say with the prophet , isai . 62. 1. for zions ( englands ) sake i will not hold my peace , and for ierusalems sake i will not rest , until the righteousness thereof go forth as brightness , and the salvation thereof as a lamp that burneth . wherefore , upon serious consideration of all these premises , and of all those sacred solemn oaths , that protestation , vow , league , and national covenant , which i have formerly taken ( lying still as so many ) f indissoluble obligations on my soul , notwithstanding the ingrate , malicious , unchristian requitals of all my former unmercinary services , sufferings for religion , laws , liberties , and the publique , in times of greatest danger , recompenced only with long causeless , close imprisonments , injuries , affronts , losses of all kinds , by pretended friends and patrons of our liberties , as well as by professed causeless enemies . and notwithstanding all other discouragements from the general baseness , cowardise , sottishness , slavishness , degenerated spirits of the whole nation , and their strange fearfulness even publiquely to own , much less cordially , to assist , defend , ( according to the sixth article of the covenant ) those few couragious patrons who have hazarded their lives , liberties , limbs , estates , and all earthly comforts for the publique defence of our religion , the laws , liberties , priviledges of our kingdom , church , parliament , against the old and late avowed subverters of them , whose very g company , visits the generality of their former friends and acquaintance have declined , ( as if they had some plague sores on them ; ) not only during their late restraints , but likewise since their enlargements out of them , ( enough to perswade them never to write , speak , act , or suffer any thing more , for such ingrate , unworthy creatures , but rather to put their helping hands , to make them and their posterities slaves for ever . ) i have yet once more , out of pure zeal , love , conscience towards my native country , adventured my life , liberty , and decayed estate , ( considering the lawlessness and danger of the times , not the justice and goodness of the common cause , i plead ) for the necessary defence of the fundamental liberties , franchises , lawes , rights , parliaments , priviledges , and government of our enslaved nation , ( though every way * unworthy to be beloved by god , or men of noble spirits ) in this seasonable , legal , historical vindication and collection ; wherein i have with all boldness , faithfulness , without the least fear or flattery of any mortals or created powers whatsoever , argued , evinced , maintained my own particular , with the whole nations publique right and inheritance in them , ( of which few or none take any care , but only of their own private gains , case , safely , though with the † publike ruine ) and endeavoured ( as much as in me lies ) to preserve them and our religion from the several jesuitical plots , counsels , specified in the whole commons house remonstrance of 15 december 1641. exact collection , p. 3. to 14. of late years revived , and more vigorously pursued than ever , and to rescue them out of the claws of tyranny , and all usurping arbitrary powers , which have avowedly encroached on , yea trampled them under feet of late , more than ever the worst of all our monarchs , or beheaded king did , though declaimed against , as the greatest of tyrants by some who have transcended him in his worst regal exorbitances ; and particularly in this , which the lords and commons in parliament , in their * declaration of aug. 4. 1642. thus grievously complained of , and objected against the kings ill counsellers , that the laws , were no protection or defence of any mans right , all was subject to will and power , which imposed what payments they thovght fit , to drain the subjects purses , and supply those necessities , which their ill counsel had brought upon the king , and gratify such as were instrumental in promoting most illegal and opressive covrses . those who yielded and complied were countenanced and advanced , all others disgraced and kept under , ( and are they not so now , as much as then ? ) that ●o their minds made poor and base , ( as they were never so poor and base as now ) and their liberties lost and gone ( as they were never so much as now ) they might be ready to * let go their religion whensoever it should be resolved to alter it , which was , and still is , the great design , and all the rest made use of as instrumental and subservient to it . upon which consideration they thus concluded that declaration , therefore we the lords and commons are resolved , to expose our lives and fortunes for the defence and maintenance of the true religion , the kings person , honor and estate , the power and priviledge of parliament , the just rights and liberty of the subject , and we do hereby require all those who have any sence of piety , honor or compassion , to help a distressed state , especially svch who have taken the protestation , and are bound in the same duty with us unto their god , their king and country , to come into their aid and assistance . that which hath not a little encouraged me hereunto , is not only this their publick call , but likewise this memorable passage , vow , protestation of the lords and commons assembled in parliament , in their printed h declaration in answer to his majesties of october 23. 1642. which i fear most of them since in power have quite forgotten ; and therefore i beseech them now seriously to remember it . though we know very well , there are too many of the gentry of this kingdom , who to satisfy the lvsts of their own ambition , are content , like esau , to sell their birth-right , and care not to svbmit themselves to any arbitrary and unlimited government , so they may for their own time partake of that power , to trample and insult over others : ( and have not , are not some of these declarers and censures such themselves ? ) yet we are assured , that there are of the gentry many worthy and true hearted patriots , ( but where are those many now ? ) who are ready to lay down their lives and fortunes , and of late have given ample testimony thereof , for maintenance of their lawes , liberties , and religion ; and with them and others of their resolution we shall be ready to live and die . ( but how many of these declarers have made good this publike engagement ? yea , have not some of them been , and still are more ready to secure , seclude , disoffice , imprison , kill , slay any such true-hearted patrons , as i have felt by sad experience , than to live and die with them ? ) and we must own it as our duty , to use our best endeavors , that the meanest of the commonalty may enjoy their own birth-rights , freedom and liberty of the laws of the land , being * equally entituled thereto with the greatest subject . i trust therefore the greatest grandees in late or present power , neither will nor can be offended with me , and that all the nobility , gentry , commons , and true-hearted . patrons in the nation , who bear any love to the laws , li-liberties , freedom of the people , for which their ancestors and they have so long , so stoutly contended heretofore , and lately with our kings ; will live and die with me in this their vi●dication and defence , against any of their fellow-subjects , who shall endeavor to subvert or deprive them of the full and free enjoyment of all or any of them , according to this engagement and declaration : wherein there are these further observable passages , relating to the parliaments priviledges and its members , which i desire our army-grandees , who impeached , secured , secluded my self with other members of the last true parliament , levied war against and forcibly dissolved it ; with the contrivers of our late new-modelled governments , would seriously ponder ; who in common justice must be content to be as freely told of and reprehended for their * frauds , faults in print ( where the publike and every mans private interest , right , liberty , security , is concerned ) as they have censured others , as well their superiors , as equalls , oft in print , though perchance l●sse peccant than themselves i in that they object against them . k for the matter of his majesties raising an army against the parliament ( wherein many papists , priests , jesuites were imployed ) and taking away the priviledge thereof , we shall refer it to the judgement of every ordinary capacity , whether it be void of sense to say , that this war is raised against the parliament ; but the truth is , that it is not a few persons , but the parliament it self , is the thorn that lies in these mens sides , which , heretofore when it was wont to ●rick them , was with much ease ( by a sudden dissolution ) pulled out : but now that is more deeply fastned by the act of continuance , they would force it out by the power of an army . ( hath not this been the very practise of some army-grandees of late , here objected against the king jesuitical and popish ill counsellors ? ) and whosoever will peruse the several speeches and declarations , made upon the breaking up of former parliaments , since the beginnning of his majesties reign , will find , the pretences of those unjust and illegal dissolutions , to be grounded upon the exceptions against some particular members , under the name of a few factious and seditious persons : so that the aspersing and wounding of the parliament through the sides of a few members , is no new invention : ( and hath not this been the very army-officers practise , since the first year of their reign till now , to wound the last real parliament ; yea , their own late dissolved mock parliaments since , through the sides of a few corrupt members , or a corrupt majority in the house , as all their printed l declarations upon their d●ssolutions attest . and is this then no crime ? or no jesuitical practise in them , though such in the late m king and his ill counsellors ? ) and for the satisfaction of all indifferent men , that this war is raised against the parliament , we shall refer them to former declarations , ●issued out in his majesties name , being so many invectives and ground lesse accusations , not against particular members only , but against the vote and proceedings of both houses . ( and are not many of the armies declarations in 1647. and 1648. yea , the late pamphlet of some present grandees , intituled , a true state of the case of the commonwealth of england , printed 1654 , such ? let them now then see whence they took their pattern , even from the beheaded kings n jesuited evil counsellors , whose steps they exactly trace in this : ) but if the truth were , as that declaration seems to imply , that this army is raised to force some o particular members of this parliament to be delivered up , yet upon that ground would it follow , that the same is levied against the parliament . for it cannot be denied by any ingenious man , but that the parliament by their p inherent rights and priviledges hath the power to judge and punish their own members : [ yet the army officers took upon them to secure , seclude them without charge , and their future new-minted ▪ parliament members , though only elected by the people , must be tryed , judged by the new whitehall members , ere they can be admitted to sit , article 21 of the new government . ] and we have often declared to his majestie and the world , that we are alwayes ready to receive any evidence or accusations against any of them , and to judge and punish them according to their demerits ; yet hitherto q no evidence produced , no accuser appearing : and yet notwistanding , to raise an army to compel the parliament to expose those members to the fury of those wicked counsellors , that thirst for nothing more than the ruine of them and the commonwealth : what can be more evident , than that the same is levied against the parliament ? for did they prevail in this , then by the same reason ( pray observe it ) they might demand 20 more , and never rest satisfied until their malice and tyrany did devour all those members they found crosse and opposite to their lewd and wicked designs [ and was not this the practice of the army-officers , who levied a real actual war against the parliament ? they first impeached , secluded xi . members of the commons-house ; and some lords soon after . an. 1647. 〈◊〉 then they secluded other members , by their high declaration of aug. 18. 1647. after that they secured , imprisoned my self , with 44 members more , and secluded the greatest part of the commons house , leaving not above 50 or 60 at first sitting , who confederated with them , in december 1648. within two moneths after this , they beheaded the king ; then suppressed the whole lords house , to carry on their designs since acted : at last they dissolved their own mock parliaments , when they crossed their ambitious aspires : what they did in september last since this was first penned to those now sitting , is fresh in memory . ] touching the privileges of parliament , which the contrivers of that declaration in his majesties name , ( and the contrivers of sundry * declarations since in the armies name , who imitated them herein . ) seem to be so tender of , and to professe all conformity unto , and deny this army to be raised in any degree to violate : we shall appeal to the judgement of any indifferent man , how little truth is contained in this their assertion , ( or in the army officers printed papers to the same effect . ) the parliament is to be considered in three severall respects : first , as a councell to advise . secondly , as a court to judge . 3. as it is the body representative of the whole kingdom , to make , repeal , or alter laws : and whether the parliament hath enjoyed its priviledges in any of these respects ( under the army-officers and powers , as well as late king ) let any that hath eyes open judge . for the first , we dare appeal even to the consciences of the contrivers themselves , ( and to the consciences of the army-officers , souldiers , and whitehall men themselves ) whether matters of the highest importance , ( witness all the publick proceedings against the late parliament , king , peers , government ; the warrs with scotland , holland : their new magna ch●rta , repealing the old , entituled , the government of the commonwealth of england , scotland and ireland , wherein they take upon them such an omnipotent soveraign power , as , to pass a decree upon the wavering humors of the people , and to say to this nation , ( yea to scotland and ireland too , ) as the almighty himself said once to the unruly sea , * here shall be thy bounds , hitherto shalt thou come and no further ; as some of them most arrogantly , if not blasphemously publish in print to all the world in their true state of the case of the commonwealth , p. 34. their making of new binding laws and ordinances , repealing old laws and statutes in and by pretext of this instrument , out of parliament , as their manifold whitehall folio new edicts , amounting to near 700 pages , attest ) have not been agitated and determined ( in and by the army-officers , general councel , and other unparliamentary juncto's , ) not only without , but contrary to their advice , ( and votes too ; ) and whether private unknown councels ( in the army , whitehall , and elswhere , yea the private councels , plots , conspiracies of iesuits , of forraign popish and spanish agents ) have not been hearkned unto , approved and followed , when the faithful and wholsom advice of the great counsel hath been scorned & neglected ( by the army officers and their confederates . ) and yet none can deny , but it is one of the principle ends why a parliament is called , to consult the great affairs of the church and state. and what miserable effects and sad events , this neglect of the great councel , and preferring of unknown and private councels before it , hath produced ; let the present distractions of this kingdom bear witnesse , ( with all the bloody , unchristian wars , taxes , oppressions , distractions , since the armies force upon the king , members , houses , anno 1647. and 1648. to this present time . ) concerning the second , it sufficiently appears by the making the kings court , by the force and power of the kings army ; the sanctuary and refuge of all sorts of delinquents against the parliament and kingdom , and protecting and defending them from the justice thereof : and by admitting such to bear places of great trust in the army , and to stand in defiance of the parliament and the authority thereof ; ( and is it not a far greater crime to make the parliaments army it self , a delinquent against the parliament and kingdom ; the sanctuary of such delinquents against both , and to continue such officers in places of greatest trust in the army , who have levied actual war against the parliament , secluded , secured members of parliament , kept divers years under their armed guards in defiance of the parliament , without any particular charge or impeachment , refusing to release them , even when the serjeant was sent at first from the house it self , to demand the members seised ? ) by all which it is apparent , how our privledges have been torn from us by piece-meals , from time to time . and we might mention many passages , whereby they were endeavoured to be * pulled up by the root , and totally subverted . as the attempt to bring up the late army from the north to force conditions upon the parliament : his majesties letters and commands to the members of both houses ( which found obedience in a great many ) to attend him at york ; and so , by depriving the parliament of their members , destroy the whole body : ( and was not the actual twice bringing up of the parliaments own army , by the army officers , against the parliament it self , to impeach , secure some principal members of both houses ; seclude the majority of the commons house , suppress the whole house of lords ; break off the treaty , behead the king , ( the * head of the parliament ) against the parliaments votes , alter the government , force conditions on the parliament it self , to omit the 12 , 21 , 24 , 32 , 37 , 38 , 39 articles of their new government , with the secluding of all the members lately admitted by armed souldiers , till they took a new engagement , and keeping out all others ) a taking of the privileges of the parliament from them all by whole-sale , and a more desperate pulling up by the roots , and total subversion of all the priviledges and whole body of the parliament , than this objected against the northern army , or the kings jesuitical ill councel ? ) which is enough to prove the vanity of the contrivers of that declaration ( and of the army officers too ) to feed themselves with hope of belief , that the priviledges of parliament are not violated , but intended to be preserved , with all due observance . concerning the allegation , that the army raised by the parliament , is to murder the king , ( oft alledged by the * king and his party , in many printed proclamations , declarations before and after this here mentioned ) we hoped the contrivers of that declaration , or any that professed but the name of a christian , could not have so little charity as to raise such a scandal , especially when they must needs know , the * protestation taken by every member of both houses ( and army officers too ) whereby they promise in the presence of almighty god , to defend his majesties person . the promise and protestation made by the members of both houses upon the nomination of the earl of essex to be general , and to live and die with him ; wherein is expressed , that this army was raised for defence of the kings person , our oft , earnest , and most humble address to his majesty to leave that desperate and dangerous army , &c. a request inconsistent with any purpose to offer the least violence to his person , which hath , and * ever shall be dear unto us . and concerning the imputation laid to our charge , of raising this army , to alter the whole frame of government and established laws of the land , ( which the king and his party * frequently objected in print ) we shall need give no other answer but this : that the army raised by the parliament is to no other end , but for the preservation of his majesties person , to defend themselves , the laws of the land , and the true protestant religion . after which , they there and elswhere conclude . and by this time ( we doubt not ) but every man doth plainly discern through the mask and visard of their hypocrifie , what their ( the kings ill counsels ) design is , to subject both king and parliament and kingdom to their needy , ambitious , and avaritious spirits , and to the violent laws , martial law , of governing the people by guards and by the souldiers . but alas for grief , how superlatively have many of the army officers , and their confederate members ( though parties to these declarations and protestations ) violated them , and both houses faiths , trusts , intentions , ends in raising the army , in every of these particulars ? how have they verified , justified the kings declarations , jealousies , concerning the parliaments army , in every point , here ( and * elswhere ) disclaimed by both houses ? how have they exceeded , out-acted the kings jesuitical counsellers , and most desperate popish army , in violating , subverting both the parliaments priviledges , members and parliaments themselves , together with our * fundamental laws , liberties , government ; for whose preservation they were only raised , paid ? how have they pursued the kings and his worst jesuited counsellers footsteps in all the charges here objected against them by both houses , in relation to the parliaments priviledges , members , constitution , rights , laws , to their utter subversion , dissolution , and waged war against them ? and doth not every man plainly discern through the mask and visard of their hypocrifie , ( to use both houses expressions ) that their design is just the same with that here objected by the parliament to the kings ill jesuited counsellers , and popish army ; even to subject both king , parliament and kingdom , to their needy , ambitious , avaritions spirits , and to the violent laws , marshal law , of governing the people , ( yea parliaments themselves ) by guards , and by the souldiers ? and by conquest to establish an absolute and unlimited power over the parliament and good subjects of this kingdom ; as the houses * elswhere thrice objected against the late king , his army and party : being the very design ( as many wisemen fear ) of the 27 article of their new government ; to settle a constant annual revenue for the maintenance of 20000 foot , & 10000 horse and dragoones , ( to be alwayes constantly , kept up winter and summer , without disbanding or diminution ) for the defence and security of england , scotland , and ireland ? which must henceforth be kept under by mercinary fo●ces , to guard of protectors , when as the * heathen poet assures us , ●nteger vitae scel●risque purus , non eget mauri jaculis nec arcu ; much less our english nation , ever formerly secured by their own unmercinary militia of the trained bands , and those lords and gentlemen who hold their lands by knight-service . o that they would now in the name and fear of god ( as they tender the eternal salvation of their souls , the honour and priviledges of all future parliaments , the ease , welfare , settlement of our nation ) lay all this most seriously to their hearts , and make it a matter of their greatest lamentation , and repentance ! besides this , have they not falsified that memorable * late declaration of the lords and commons assembled in parliament , novemb. 2. 1642. in answer to his majesties ( well worthy perusal now ) and made good ( both for the time past , and all succeeding parliaments , whiles there shall be any standing army in england able to over-power them ) all the odious , scandalous positions , in relation to the english parliament , its members and priviledges ( deduced from the kings declaration , only by inference , but disclaimed by the king ) summed up by them , in the close of that remonstrance ; and published in these ensuing terms , as will evidently appear , if applied to the army , and their generall councel of officers , by adding or exchanging their names , only for the kings in a parenthesis ? 1. * that the king ( the * army , general , and their general councel of officers ) when he pleaseth , may declare the major part of both houses , ( which in all sorts of republicks doth , yea ought of right to over sway the minority , & their votes to be firm and binding to all men , as * aristotle himself resolves ; ) a faction of malignant , schismatical , and ambitious persons : so that all parliaments that have been heretofore and shall be hereafter , and all laws made in them ▪ may by this means be called in question at pleasure ; ( yea nulled and repealed for ever , as some former parliaments have been , when held and over-awed by armed power , or unduly elected , packed , summoned without lawfull authority , or some of the members forcibly secluded , as you may read at large in the statutes of 21 r. 2. c. 11 , 12 , 16 , 17 , 18. 1 h. 4. c. 3. 1 h. 4. rot. parl. n. 22 , 23 , 36 , 48 , 66 , 70. 113. 39 h. 6. c. 1. & 17 e. 4. c. 7. worthy the serious perusal of our present grandees , and all illegitimate parliaments , where they may read the fatal end of all new unparliamentary projects , laws , devices , wherein many now so much glory , as if they would continue form for ever : when as in a few years space , they will all probably prove nullities , be for ever reversed ; yea , branded to posterity , as most pernicious presidents . 2. that his majesty ( the army and their general councel ) may declare what is the known law of the land , against the judgement of the highest court , and consequently of all his courts : so that the safety and right of king and people , and the law it self must depend upon his majesties ( the army , general , and their councels ) pleasure . 4. that as the king hath a property in his townes , forts , and kingdoms ; so he ( the army and their general councel ) may * dispose of them as he pleaseth ; and the representative body of the whole kingdom may not intermedle in discharge of his majesties ( the armies , generals , councels ) trust , though by the advice of evil councellers they see it diverted to the hazard of the publique peace & safety of the kingdom . 5. that his majesty ( the army , general , and their councel ) or any other person , may upon suggestions and pretences of treason , felony , or breach of peace ( or of their trusts , a fourth * army new-minted cause ) take the members of parliament , without giving satisfaction to the house , whereof they are members , of the grounds of such suggestion or accusation , and without and against their consent ( as in the case of the late secured , secluded members , and their two junct●'s since ) so they may * dismember a parliament , when they please , and make it what they will , when they will. 6. that whosoever shall follow the king ( army , general and their councel , ) in the wars ( against the parliament ) though it were to destroy laws , liberty , religion , the parliament it self , and the whole kingdom ; yet he shall be free from all crime or punishment . and that on the other side , to oppose by force any such force , though in the most legal way , and by authority of the representative body of the whole kingdom , is to leavy war against the king ( army , general ) and treason ( within the letter of 25 e. 3. or of their new knacks since : ) so our lands , liberties , lives , religion , and laws themselves , whereby all the rights both of king and people are due to them , and preserved for them , shall be at the sole will and pleas●re of the prince ( army , general , and general councel of officers , in their new high courts of injustice , or other martial judicatories , as now they are . ) o consider , consider seriously by these particulars , to what a sad , low , despicable condition all english parliaments are now for ever reduced , and their pristine antient priviledges , honor , freedom , power , violently ravished from them by the late army practises , violences , and rebellious insolencies against them , never to be parallel'd in any age ; which hath really verified this clause in the declaration of both houses , * august 4. 1642. objected against the king and his popish army , in relation to the parliaments army , purposely raised , commissioned , & engaged for their defence . that if the king ( by his army ) may force this parliament ( as the parliaments army both forced and dissolved it ) they may bid farewell to all parliaments , for ever receiving good by them ; and if parliaments be * lost , they ( the people ) are lost , their laws are lost , as well those lately made , as in former times , all which will be cvt in svnder with the same sword , now drawn for the destrvction of this parliament : ( as we now find true by sad experience . ) * athanasius , bishop of alexandria ( about the year of our lord 340. ) objected this as a great crime , barbarism , cruelty , and violation of the priviledges of councels , to the arrian emperour constantius . that whensoever he called a councel or assembly of bishops , it was but for a shew : for he would not permit them to be guided by the ecclesiastical canons , but his will alone must be their only canon . and when they advised him , not to subvert the ecclesiastical order , nor bring the arrian heresie into the church of god , he would neither hear , nor permit them to speak freely ; but grievously bending his brows ( if they had spoken cross to his designs ) and shaking his sword at them , commanded them to be taken away . whereupon he thus infers , what liberty for perswasion , or place for advice is there left , when he that contradicteth , shall for his labour lose either his life , or his country ? why hath the emperour gathered so great a number of bishops , partly terrified with threats , partly inticed with promises , to condescend , that they will not communicate wi●h athanasius ? and hilary bishop of poictou ann. 360. in his first book against this tyrannical arrian emperour constantius , thus censures his violent proceedings of this kind , to the subversion of the freedom and priviledge of councils and their members . thou gatherest councils , and when they be shut up together in one city , thou terrifiest them with threats ; thou pinest them with hvnger , thou lamest them with cold , ( as the army officers did the secluded members 6 and 7 decemb. 1648. when they shut them up all night in hell , on the bare boards without beds in the cold , and kept them fasting all the next day at whitehall , til 7 a clock at night ) thou depravest them with dissembling ; o thou wicked one , what a mockery dost thou make of the church and councels ? only dogs return to their vomit ; and thou compellest the priests of christ , to sup up those things which they have disgorged , and commandest them in their confessions , to allow that which before they condemned . what bishops hand hast thou left innocent ? what tongue hast thou not forced to falshood ? whose heart hast thou not brought to the condemning of his former opinion ? thou hast subjected all to thy will , yea , to thy violence . and have not some swaying army officers , by their frowns , menaces , frauds , swords , open force upon the parliament and its members , beyond all the presidents in any ages , done the like , and exceeded this arrian tyrant herein ? and is it not then high time for all friends to parliaments , to protest and provide against such detestable , treasonable violences for the future , destructive to all parliaments , if permitted , or silently pretermitted without question , exemplary censure , righting of the imprisoned members , or any provision to redresse them for the future ? our prudent ancesters were so carefull to prevent all violence , force , arms , and armed men , in or near any places where parliaments were held , to terrifie , over-awe , or disturb their proceedings or members ; * that in the parliament of 7 e. 1. ( as you may read in rastals abridgement , armour , 1. provision was made by the king , by common consent of the prelates , earls , and barons , by a general act , that in all parliaments , treaties , and other assemblies , which should be made in the realm of england for ever , every man shall come without force , and without armour , well and peaceably to the honour of the king , and of the peace of him , and of his realm , and they together with the commonalty of the realm upon solemn advise , declared ; that it belonged to the king , and his part it is by his royal signiory strictly to defend wearing of armour , and all other force , against his peace at all times , when it shall please him ( especially at such times , and in places where such parliaments , treaties , and assemblies are held ) and to punish them which shall doe contrary according to the laws and usage of the realm ▪ and hereunto they are bound to aid the kind , as their soveraign lord , at all seasons when need shall be . hereupon our kings ever since this statute , by virtue thereof , and by the law and custom of the parliament , ( as sir edward cook in his 4 institutes c. 1. p. 14. informs us ) did at the beginning of every parliament , make a speciall proclamation , prohibiting the bearing of arms or weapons , in or near the places , where the parliament sate , under pain of forfeiting all they had ; of which there are sundry presidents cited by sir edward cook in his margin ; whereof i shall transcribe but one ( which he omits ) and that is 6 e. 3. rot. parliament n. 2. 3. because that before these days , at the parliaments and counsels of our lord the king , debates , riots and commotions have risen and been moved , for that people have come to the * places where parliaments have been summoned and assembled , armed with privy coats of plate , spears , swords , long , knives , ( or daggers ) and other sort of arms , by which the businesses of our lord the king and his realm have been impeached , and the great men which have come thither by his command , have been affrighted : our lord the king , willing to provide remedy against such mischiefs , defendeth , that no man of what estate or condition soever he be , upon pain of forfeiting all that he may forfeit , to the king , shall be seen armed with a coat of male , nor yet of plate , nor with an halberd , nor with a spear , nor sword , nor long knife , nor any other suspitious arms , within the city of london , nor within the suburbs thereof ; nor any place near the said city , nor yet within the palace of west minster , or any place near the said palace , by land or water , under the foresaid pain : except only such of the kings men as he shall depute , or by his command shall be deputed to keep the peace within the said places : and also except the kings servants , according to the statute of northampton . and it is not the intention of our lord the king , that any earl , or baron may not have his lance brought to him in any place , but onely in the kings presence , and in the place of councell . the like proclamations were made in the beginning of the parliaments of 9. 1● , 17 , 18. 20 , 25 ●dw . 3. and sundry others : more necessary to be revived in all succeeding english parliaments now than ever heretofore , since the unpresidented forces upon the late members of both houses , and the parliament it self , by the army-officers and souldiers , raised to defend them from violence : the treasonablenesse and transcendency whereof being at large related in my epistle to the reader , before my speech in parliament 4 december 1648 , i shall not here criminally presse , nor insist on , but referred them thereunto : however for the future security and freedome of our parliaments from violence , i must crave liberty to inform these army parliament drivers , forcers , dissolvers , ( habituated to this trade ) that if the * late kings march to the house of commons , accompanied only with some of his pensioners and others , armed with pistols and swords , meerly to demand but five members thereof to be delivered up to justice , particularly impeached by him of high treason some dayes before : to wit , * that they had traiterously endeavoured to subvert the fundamental laws and government of this kingdome : to deprive the king of his royal power : to place over the subjects an arbitrary and tyrannical power , to subvert the very rights and being of parliaments : and by force and terrour to compell the parliament to joyn with them in their designs ; for which end they had actually raised and countenanced tumults against the king and parliament . or if the * kings bare tampering with some officers of his own northern army , to draw a petition from them to the houses , or march towards london from their quarters ; ( not to seise upon , force or dissolve the parliament or its members , but only to over-aw them , and impeach the freedom of their debates , votes touching episcopacy , church-government , and the kings revenues ) were such high transcendent violations of the priviledges and freedome of parliament , and unsufferable injuries , as both houses of parliament separately , and joyntly proclaimed them to all the world , in * severall declarations , during his life ; or such capitall crimes , as those who condemned and executed him for a traytor and tyrant , have published in their declaration of 17 march 1648. ( touching the grounds of their proceedings against him , and setling the government in the way of a free state , without king or house of lords ) since his beheading , in these very words . but above all , the english army was laboured by the king to be engaged against the english parliament ; a thing of that strange in piety and unnaturalness for the king of england , that nothing can answer it , but his being a forraigner ; neither could it have easily purchased belief , but by his succeeding visible actions in full pursuance of the same ; as the kings comming in person to the house of commons , to seise the five members , whither he was followed with some hundreds of unworthy debauched persons , armed with swords , and pistols , and other arms ; and they attending him at the door of the house , ready to execute what the leader should command them . which they charged against the king , as the highest of his unparralleld offences ; for which they appeal to all the world of indifferent men to judge , whether they had not sufficient cause to bring him to justice ? though neither he nor his followers then seized , secured , secluded , injured any one member , when they thus went to the commons house ; yea * presently retracted his impeachment , and offered all satisfaction that should be desired by the house for this breach of privilege : and though neither the northern army , nor their officers ever advanced towards , or offered the least violence to the houses , or their priviledges , by petition or otherwise . then certainly the parliaments own armies officers , counsels , manifold high printed declarations , of june 14. 23. july 7. aug. 18. 1647. nov. 16. & decemb 7. 1648. and others before and since , their professed open oppositions , impeachments , against the very proceedings , votes , orders , ordinances , members of both houses of parliament , which first raised them principally for their defence ; [ printed by their order in their book of declarations , the history of independency , and my speech in parliament , ] their impeachment of eleven members of the house of commons , and sundry lords at once ; their securing of above 40 , and secluding of above five parts of six of the whole house of commons at once ; their * avowed marches with the whole body of the army , in ba●talia , severall times to force the houses , seise their members , over-aw , affright , dis-member , dissolve the parliament it self , and their own new erected junctoes since , and justification of it to all the world in print [ in their humble answer touching the secured and secluded members , jan. 3. 1648. the true state of the case of the commonwealth of england , 1654. and their declarations concerning their dissolution of their two junctoes ] after these misdemeanours of the king , without the least repentance for them , must needs be farre more execrable , unwarrantable and criminal , than the kings , and deserve a severer censure than his peccadilioes in respect of their crimes . and if by the * whole armies printed remonstrances , august 2. and 18. 1647. the tumult of some unarmed london apprentices , who offered some small force to the houses , to the violation of their priviledges , ( without securing or secluding any one member ) deserved a speedy and exemplary capital proceeding against the principal contrivers and actors in it , * as they then declared , and vehemently urged again and again in those remonstrances ) or if by their own charge in the name of the whole army , june 14. 1647. against the xi . members , it was so high an offence in them , that they joyntly or severally invited , encouraged , abetted or countenanced several reformadoes , and other officers and souldiers tvmvltvovsly and violently to gather together at westminster , to affright & assault the members of parliament in passages to & from the ho●se , to offer violence to the house it self , & by svch vnrvly ovtrages & threats to awe and inforce the parliament ; and that upon their bare suggestion thereof ( without any proof at all , or colour of truth ) they presently demanded , that the persons impeached might be forthwith seclvded from sitting in the hovse , and removed thence , before any hearing or trial , which the officers and army eagerly pressed in their paper of june 15. 1647. nay , if by their own late printed instrument of the government of the commonwealth of england , &c. articles 14. 16. all and every person and persons , who have aided , advised , assisted , or abetted in any war against the parliament since the first day of january , 1641. ( unlesse they have since been in the service of the parliament , and given signal testimony of their good affections thereunto ) shall be disabled , and be uncapable to be elected , or to give any vote in the election of any member to serve in the next , or in the three succeeding triennial parliaments : and all votes and elections given to the contrary , shall be null and void . and if any person so made uncapable , shall forfeit one full years value of his real estate , and one full third part of his personal estate , in case he shall give his vote for election of members to serve in parliament : as they there adjudge ; though such persons as they intend thus to disable , never waged any actual war against the parliament it self , or its members , immediatly , but only against the forces raised by the parliament , and so mediatly and indirectly only against the parliament , ( the case of all the late kings adherents and assistants , not within the letter , but meaning of these articles : ) then doubtless those army-officers , souldiers , and their confederats , who advised , sided , assisted abetted in one or more wars against the parliament houses , and parliament members themselves , whom they immediately assaulted , forced , secured , secluded , dissipated , dissolved , destroyed , and have justified it several times in print , without giving any signal testimony of their good affections to the parliament ; and in this their instrument have laid * many chains , clogs , restraints , on all new future parliaments , of their own framing , inconsistent with the honour , freedom , priviledges , being of real english parliaments ; deserve a farre higher and severer censure than these apprentices , or impeached members did in their repute ; or those members they most insolently accuse and impeach , in their declarations of june 2● . and august 18. 1647. ( not to be presidented in any age since the creation , till then : ) and they all are by their own verdict , instrument , totally disabled ( as much as the archest malignants and cavaliers ) by the very letter of these articles , to be elected , or give any vote for the election of members in the four next succeeding parliaments ; and those who have given their votes in the late elections , have thereby forfeited at least one full years value of their real , and one full third part of their personal estates ; and deserve as high , ( if not an higher ) censure , as any sequestred , or other delinquents condemned formerly by them , for bearing arms , levying or abetting any war , but only mediately against the parliament ; and as high an uncapacity to be put not only on themselves , but their heir males to serve in parliament , as the statute of 21 r. 2. c. 6. imposed heretofore on others , for a farre lesse offence ; to secure the members and priviledges of all succeeding parliaments , from such unpresidented forcible violences , ruptures , dismembrings , dissolutions , as the last parliament sustained , by the armies outrage and confederacy against them , ( of most dangerous president to posterity ; ) of which i desire to make them truly sensible . the last real and * duly constituted english parliament we had , were so deeply sensible , of the dangerous destructive consequences of securing or secluding their members , and keeping them from the houses , upon any impeachments or surmises , without the notice and consent of the house ; that in their forementioned remonstrance of nov. 2. 1642. they claimed and asserted this . to be so clear and essential a priviledge of parliament , * that the whole freedom thereof dependeth upon it . that no member of either hovse of parliament was to be proceeded against , or judged , nor taken away , or detained from the service of the house , whereof he is a member ; ( no , not in case of treason , felony , or breach of peace , much lesse in any other ) until such time as that house hath satisfaction concerning the cause : though in such cases they confessed , he might be arrested by the officers of parliament , or any other ministers of iustice , to the intent only , that he might be brought to the parliament corpus cum causa , and deteined in safe custody till he may be brought to the parliament ; but not to be proceeded against in any inferior court , before such time● as the cause be heard in parliament , and dismissed from it . for ( else ) who se●s not , that by this means , under false pretences of crimes and accusations , svch and so many members of both or either hovse of parliament may be taken ovt of it at any time , by any persons to serve a tvrn , and to make a major part of whom they will at pleasvre . and as the grand inquest of the whole kingdom should be ( by this means ) subject to the grand inquest of one particular county ; so the whole representative body of the kingdom should be at the devotion of a middlesex iury , ( as since of their own army , raised to protect them from these mischiefs . ) and therefore , as the freedom of parliaments dependeth in a great part vpon their privileges , and the freedom of this nation upon the freedom of parliaments , we have good reason to beleive , that the people of england knowing their lives and fortunes are bound up in this bundle , will venture their lives and fortunes in this quarrel : which i intreat all those who have so highly infringed this principle privilege of parliament of late years , with all the people of england now seriously to consider , to vindicate , preserve it in all succeeding ages from the like violations , if ever they expect to be freemen , or to enjoy free english parliaments again ; * which are such an essential part of the constitution of the kingdom , that we can attain to no happinesse without them , and like hipocrates twins , we must laugh and cry , live and die together with them . now farther to convince the army-officers , souldiers , of their late great injustice to , and affronts , contempts against the parliament which raised them , in relation to our ancient fundamental government and chief member of the parliament ; i shall desire them and all their confederates in cold blood , seriously to consider , whether they have not , by their undutifull , violent proceedings against them , contrary to the votes , declarations , remonstrances of the parliament , endeavoured ( as much as in them is ) to falsifie this clause in both houses declaration nov. 2. 1642 * although they would perswade his majesty , that there is little confidence to be placed in our modesty and duty ; yet , as god is witnesse of our thovghts , so shall our actions witnesse to all the world ; that to the * honor of our religion , and of those who are most zealous in it ( so much strucken at by the contrivers of that declaration , under odious names ) we shall suffer more for and from our soveraign , than we hope god will ever permit the malice of evil counsellors to put us to : and although the happinesse of this and all kingdomes dependeth chiefly upon god ; yet we acknowledge that it doth so mainly depend upon his majesty , and the royall branches of that root , that as we have heretofore , so we shall hereafter , esteem no hazard too great , no reproach too vile ; but that we shall willingly goe through the one , and undergoe the other , that we , and the whole kingdome may enjoy that happinesse , which we cannot in an ordinary way of providence expect from any other fountain or stream , than those from whence ( were the poison of evil councels once removed from about them ) no doubt , but we and the whole kingdome should be satisfied most abundantly . and on the contrary , have they not fully and actually verified , in respect of themselves and their confederates in the houses , this odious aspersion , then ( only in prediction ) cast by the king on the parliament , but by them at that time renounced with greatest detestation ; and drawn those sad consequences on the whole kingdom , wherewith both houses conclude that declaration in these words ? 7. * that the representative body of the whole kingdom ( since dissolved by the army ) is a faction of malignant , schismatical , ambitious persons , whose desion is and alwayes hath been to alter the whole frame of government , both of church and state , and to subject both king and people to their own lawlesse arbitrary power and government , and that they design the ruine of his majesties person and of monarchy it self : and consequently that they are traitors and all the kingdome with them , ( for their act is the act of the whole kingdome ) and whether their punishment and ruine may not also involve the whole kingdom in conclusion , and reduce it into the condition of a conquered nation ( as some army officers , & souldiers openly averre we are now reduced to by and under them ) no man can tell : but experience sheweth us ( and now we find it most true in the * army-officers , covncell , sovldiers ) that svccesse often draws men not onely beyond their profession ; but also many times beyond their first intentions . surely as the armies and their confederates late proceedings in relation to themselves , ( though not unto the forced , dismembred , dissolved parliament , and secured members ) have fully verified this charge in every particular , then reputed most false and scandalous ; which i thus press upon their consciences at this time , and so largely insist on , not to defame or asperse them to the world , as many others do , who apply that black character of ier. 9. 2. to 6. c. 12. 6. rev. 3. 10. to 19. ( they are all an assembly of treacherovs men : thine habitation is in the midst of deceit , &c. destruction and misery are in their wayes , and the way of peace they have not known ; there is no fear of god before their eyes ) unto them in a more eminent manner , as being really verified by their unparalleld exorbitances formentioned ; but to vindicate the innocency , integrity of the majority and secluded members of both houses , against the scandalous printed aspersions of militiere and other papists , to preserve and justifie the honour of our reformed religion , and of the most zealous professors thereof ; to restore , re-establish if possible , the priviledges , the freedom of all future parliaments , much impaired , endangered by their heady violent proceedings , and most pernicious presidents to posterity ( if not publikely abominated , exploded by them , or exemplarily punished ( to deterr all others from their future imitation ) to convince them by what jesuitical , popish , old court-principles , counsels , practises , they have hitherto been misguided ; and to reclaim them , as much as in me lieth , for the future , from the like destructive . practises , for the publick safety , peace , settlement of our distracted kingdoms ; and do most earnestly beseech them , as they are english-men , souldiers , christians , seriously to repent of and lay to heart , lest they perish eternally for them at last ; as likewise to take heed , lest by teaching and instigating the common souldiers of the army , to suppresse , oppresse , betray the parliament , kingdom , people , who raised , payed , and entrusted them only for their safeguard and defence , they do not thereby instruct and encourage them at last to betray and destroy themselves ; it being a true observation of * seneca the philosopher , aliquando tyrannorum praefidia in ipsos consurrexerunt . perfidiamqve et impietatem et feritarem , et qvicqvid ab illis didicerant , in ipsos execrervnt : quid enim potest ab eo quisquam sperare , qvem malvm esse docvit ? non diu paret , nequitia , nec quantum jubetur , peccat ; as we have seen by many late presidents : so the army-officers , souldiers great successes in all their wars , designs , and forcible ill proceedings against the king , parliament , kingdom , government , laws and liberties ; as it hath caused them not only beyond their professions , but also beyond their first intentions , commissions , protestations , to forget that gospel-precept given to souldiers , luke 3. 14. to advance themselves to a more absolute soveraign arbitrary power over them , than ever any kings of england claimed or pretended to , ( as their late proceedings , remonstrances , and transcendent instrument of the government of the three kingdoms , manifest ; ) so it hath been the f principal ground , whereby they have justified all their unpresidented forementioned exorbitances , as lawfull , commendable , christian : and that which hath struck such a stupifying pannick fear , such a stupendious cowardize , baseness , sott●shness , into the generality of the nobility , gentry , ministery , and commons of our late most heroick english naton , that there is scarce t a man to be found throughout the realm of any eminency ( though we should seek after him like diogenes , with a candle ) that dares freely open his mouth against their most irregular , illegal , violent , destructive arbitrary proceedings , usurpations , innovations , oppressions , taxes , projects , to the shaking and utter subverting of our ancient fundamental laws , liberties , rights , properties , parliaments , parliamentary priviledges , government , and taking away of the very lives of some ( and thereby endangering the lives of all other ) english freemen of all degrees , in mischristened high courts of justice . such a strange charm is there in success alone , to metamorphise men into meer v temporising , slavish , sordid sotts and beasts ; yea , to cause not only persons truly honourable , but the very x devil himself , and the worst of beasts , to be wondred after , applauded , adored , not only as saints , but gods. we read rev. 13. of a monstrous deformed beast , to whom the dragon ( the devil ) gave his power , seat and great authority ; whereupon , all the world wondred after the beast , and worshipped not onely the dragon , that gave him power , but the beast likewise ; saying , who is like unto the beast ? who is able to make war with him ? and there was given unto him a mouth speaking great things , and blasphemies , and power was given him to continue and make war forty and two months . and power was given unto him to make war with the saints , and to overcome them ; and power was given him over all kindreds , and tongues , and nations . and ( herevpon it follows ) all that dwell upon the earth shall worship him , whose names are not written in the lambs book of life . and another beast ( under him ) caused the earth and all that dwell therein to set up the image of this beast , and to worship it ; and he caused all both small and great , rich and poor , free and bond , to receive the ma●k of the beast in their right hand , and in their foreheads ; and none might buy or sell , but he that had this mark ; and as many as would not worship this beasts image , were ordered to be killed . yet this blasphemous beasts reign and power continued but forty two months , rev. 13. 5. this beast , ( in the height of his power and victories ) was by god himself , threatned to go into captivity , and be killed with the sword , as he had led others into captivity , and killed them with the sword , ver . 10. all his followers and worshippers shall ( soon after ) drink of the wine of gods wrath , and be tormented with fire and brimstone , &c. rev. 14. 9 , 10 , 11. the saints at last shall get the victory over this beast , rev. 15. 2. and the beast himself ( notwithstanding all his former victories , friends , and great armies ) was at last taken , and his false prophet with him ; and were both cast alive into a lake burning with fire and brimstone , and all his forces were slain with the sword , and the fowls were filled with their flesh , rev. 19. 18 19 , 20 , 21. from which texts i have frequently silenced , confounded some of our conquering army-officers and souldiers , whiles prisoner under them , when they were vapouring of their great victories , successes , and concluding from thence , both their saintship , and the goodness of their actions ; saying oft-times like the beasts followers here , who is able to make war with us ? and that with these genuine deductions from these texts , which they could not reply against ; worthy all souldiers and others saddest meditations . 1. that god may , nay oft-times doth give great power to the very worst and most blasphemous of all men and beasts ; & that not only over one or two , but many tongues , nations , as in this text , and dan. 7. 3 , to 29. c. 8. 4. to 27. 2. that such beasts many times may , and do not onely make war with , but even overcome the very saints themselves in battel , as the babylonians , assyrians , and other ungodly beasts did the israelites , gods own saints and people , psa . 79. 1 , 2 , &c. dan. 7. 21 , 23 , 24 , 25. isa . 10. 5 , &c. c. 14. 16 , 17. jer. 26. 6 , 7 , 8. c. 25. 9. &c. yet they were but blasphemous beasts , and wretches still , not saints . 3. that if such beasts have but great power and success in their wars , enterpri●es against their enemies , or the saints themselves ; though their mouths utter blasphemy against the god of heaven , his name , tabernacle , saints ; though their actions , designs be never so impious , atheistical , treasonable , detestable : their power but short and fading , yet whiles they are in power and prosperity , the whole world will wonder , run after , worship , flatter , saint , deifie and adore them for gods , ( as y alexander the great , and julius caesars friends , flatterers did them ; and some wicked popes favourites them too ; ) yea , set up , and worship their very images , receive their marks in their hands , foreheads , and extol them to the skies , saying , who is like unto the beast ? who is able to make war with him ? 4. that such adulatious speeches , vaunts , practises as these , and such arguments of saintship , of the goodnesse of mens causes , undertakings , actions , only from their present power , victories and successes , are the arguments , practises , of worldly , earthly , beastly men ; of worshippers of the beast and dragon of z assyrians , turks , popes , not of the elect real saints of god , whose names are written in the lambes book of life ; who will neither flatter , worship , nor adore such beasts , nor receive their marks in their hands or fireheads , though they be prohibited to buy or sell , or slain for refusing it by their instruments , rev. 13. 8 , 15 , 17. dan. 3. 12. to 29. 5. that such beasts in power , will never want under-beasts and instruments , nor yet a false prophets to perswade or enforce obedience and subjection to them , even by dis-franchisements , death , lying wonders , flattering prophecies , speeches , sermons , and hypocritical mock-fasts . 6. that the power and dominion of such beasts , is given and derived to them immediatly by the dragon ( the b prince of the power of the air ) only by gods permission , not his approbation ; rev. 13. 2. hos . 8. 4. 2 thess . 2. 4 , 8 9. and that in wrath , for the punishment of the peoples sins , and destruction , greater condemnation of the beasts themselves at last . hos . 13. 11. rev. 13. and 14 , and 19. psal . 94 , 23. ier. 51. 24 , &c. c. 5 ● . throughout . hab. 2. 6 , 7 , 8. 7. that this their dominion , raign and triumph , is commonly very short , like this beasts here for forty two months , rev. 13. 5. which is but three years and an half c julius caesar that great first conqueror of this island and a great part of the world ; usurping the supream power over the roman senate , and changing the government , lived only five months a soveraign lord in peace ( though some compute his whole dominion 3 years and 7 months ) and then was suddenly stabbed to death in the senate-house , by those friends in whom he reposed greatest trust ; for his tyrannical usurpations , and alteration of their former government ; for endeavouring ( as was suspected ) to make himself king of the romans , ( though he rejected the title of king when offered unto him by m. antonius , saying , that jove was only king of the romans , that so he might seem to be compelled to receive it by the people , ( being their king before in deed , though not in name : ) and for saying , that the * commonwealth was but a voice or name , without a body or substance . nullum violentum est diuturnum , see isa . 10 , and 14. iob. 20. 4 , 5 , &c. psal . 37 and 73. psal . 92. 6 , 7. isa . 17 , 13 , 14. 2 chron. 23. and sir walter rawlies preface to his history of the world , worthy serious perusal by the grandees of these times . 8. that in conclusion such conquering , usurping beasts , notwithstanding all their power , friends , followers , confederates , armies , policies , are usually conquered , taken , slain on earth , and cast into the lake burning with fire and brimstone for ever , for their tyrannies , blasphemies , bloodsheds oppressions of the people and gods saints , and their confederates , armies , false prophets , followers , adorers * destroyed with them even on earth ; and then made to drink the cup of gods wrath , fury and torments for ever in hell , isa . 10 , and 14. jer. 50. and 51. rev. 19. 19. 20 , 21. c. 6. 15 , 16 , 17. 9. that though they continue conquerors and victorious for many years ; and conquer not only , one , two or three , but many kings and kingdoms ; cut off not only the thumbs of their kings , that they might not lift up a sword against them , and their great toes , that they may not run from them , but their heads too ; yet god at last ( in his retaliating justice ) doth usually pay them home in their own coyne , as is evident , not onely by * bajazet the turkish emperour , our * king penda , ( who slew no lesse than 5. christian kings in several battles , took sundry other kings prisoners , and at last was slain himself , with all his old victorious captains and souldiers , by king oswi , and a small despicable army of raw souldiers , not half so many as they , ann. 655. who thereupon seized on his kingdom ) and others in prophane stories ; but by that memorable history of d adonibezeck ; who after his conquest of no less than seventy kings , ( who ever in this latter age , conquered one quarter so many ? ) and tyrannizing over their persons , was , by a small party of judah and simeon , fought with on his own dung-hil , his victorious old army totally routed , ten thousand of them slain , himself forced to fly , pursued , and taken prisoner by these contemptible enemies , who cut off his thumbs and his great toes . whereupon adoni-bezek ( though an idolatrous canaanite ) used these memorable words , worthy all conquerours and tyrants memorial ; recorded by god himself to all posterity , iudges 1. 7. threescore and ten kings having their thumbs , and their great toes cut off , have gathered their meat under my table ( like so many dogs rather than kings ) as i have done , so god hath rewarded me : and they brought him ( prisoner ) to ierusalem , and there he died . see the like retaliation threatned , inflicted . hab. 2. 6 , 7 , 8. isa . 33. 1. dan. 7. 23. to 27. obad. 15. ezech. 35. 5 , 6 , 15. rev. 16. 5. 6. ier. 51 , and 52. nah. 3. 1. &c. rev. 13. 10. ioel 3. 6 , 7 , 8. deut. 32. 43. isa . 10. & 14. 2 chron. 22. 10. compared with c. 23. 12. to the end . 10. that the elect saints of god , do by faith in the word of god , and upon consideration of the usual providence and justice of god towards such beasts and bloody conquerors , most assuredly see their downfall , and with patience expect it , rev. 13. 9 , 10. if any man have an ear let him hear . e he that leadeth into captivity , shall go into captivity ; he that killeth with the sword , mvst be killed with the sword : here is the patience and the faith of the saints . o that we had this patience and faith within us now ! 11. that upon this faith and assurance , the true elect saints of god , neither will , nor do , nor dare to admire after , follow , worship or adore such b●asts , or their image , nor receive their marks in their hands , or foreheads , though all the world else readily do it without opposition ; enduring patiently rather to be warred upon , killed , secluded from buying or selling any thing , then unchristianly to adore , subject , or enslave themselves unto them , rev. 13. 2 , 15 , 17. esther 3● 1 , to 7. 2 kings 3. 13 , 14. iohn 10. 4 , 5. dan. 3. 4. to 30. 1 king. 19. 18. 2 chron. 11. 13. to 18. which serious seasonable considerations , as they should daunt the hearts and allay the high presumptious spirits of the most successfull conquerors , powerfull usurpers over and violent invaders of the liberties , lives , estates , rights , properties of their lawfull superio●s or christian brethren , and all subverters of the laws , priviledges , parliaments , government of their native country , especially against their oathes and trusts : so the meditation on them , together with the contemplation of the infinite power , wisdom , faithfulness , iustice , holiness , presence , and gracious promises of god , have at all times and seasons hitherto , invincibly animated , steeled , fortified my soul in the midst of all my sufferings , both under the domineering prelates , parliament-assaulting army-officers , the late tyrannical cashiered republicans , and all other self-created oppressing powers , which ( if not already dead and buried in the dust , with all their thoughts and high aspiring projects , ) yet shall certainly f die ere long like men , and become us dung ; yea , they have enabled me by faith and patience to be g more than a conquering triumpher over them : and to sing aloud with magnanimous david ( a man after gods own heart ) long before their down-fall , psal . 27. 1 , 2 , 3. the lord is my light and my salvation , wh●m shall i fear ? the lord is the strength of my life , of whom shall i be afraid ? when the wicked even mine enemies and my foes came upon me to eat up my flesh , they stumbled and fell . though an host should encamp against me ( as they did at westminster , at my house , and in sundry garrisons , where i was a prisoner under souldiers ) my heart shall not fear : though war should rise against me , in this i will be confident . i will not be afraid of ten thousands of people that have set themselves against me round about . and to cry out in pauls words of defiance against all enemies and perils in the cause of my god and country ( uttered in his own and all true elected saints names ) rom. 8. 35 , &c. who shall separate us from the love of christ ? ( or our native country , as well actively as passively considered ; ) shall tribulation ? or distress ? or persecution ? or famine ? or peril ? or sword ? ( of an whole army , or other powers ) nay , in all these things we are more than conquerors through him that loved us . for i am perswaded , that neither death , nor life , nor angels , nor principalities , nor powers , nor things present , nor things to come , nor height , nor depth , nor any other creature , shall be able to separate us from the love of god , which is in christ iesus our lord. and to say with him in all threatned dangers for my sincere conscientious publick services , act. 20. 22. 24. and now i go bound to jerusalem , not knowing the things that shall there befall me , save , that the holy ghost witnesseth in every city , saying ; that bonds and afflictions wait for me . but none of these things move me , neither count i my life dear unto me , so ●s i may finish my course with joy , and the ministery which i have received of the lord iesus , &c. and verily me thinks the serious contemplation thereof , and of all the premises , with that of 2 sam. 10. 12. isa : 51. 12. 13. ier. 1. 8. ezech. 2 ▪ 2 , to 6. matth. 10. 26. 28 coupled with psal . 11. 2. if the foundati●ns be destroyed , what can the righteous do ? prov. 24. 22 , 23. my son , fear thou the lord and the king , and meddle not with those who are given to change ; for their calamity shall rise suddenly ( which we have seen verified in many late changers , mock parliaments , and self created new powers , ) and wh● knoweth the ruine of them both ? should now at last banish all base carnal fears out of all timerous hearts , rouse up the languishing , fearfull , dead , stupid spirits of our degenerated english nation , and engage them all unanimously , undauntedly to claim , vindicate , regain , re-establish those ancient undoubted hereditary fundamental rights , ●iberties , priviledges , franchises , laws , government , ( purchased with their ancestors & their own dearest blood , sweat , treasures ) which belong to the whole kingdom ; to all true english parliaments , freemen in general , and to every of them in particular ; whereof they have of late years been forcibly disseised , or ●ypocritically cheated by pretended patrons , preservers , and propuguers of them ; the substance whereof i have here set before their eyes in ten brief propositions , and by records , statutes , presidents , histories , contests , resolutions in all ages , undauntedly , ( as their common advocate ) asserted , fortified to my power , for their encouragement and president in this publick work . and if they will now but couragiously second me herein , with their joyn● , bold , rightfull claims , votes , declarations , and resolut● demands of all and every of their enjoyments , and future inviolable establishments ; with strenuous oppositions of all illegal perpetual imposts , excises , contributions , payments ( the chief nerves and cords to keep them still in bondage by mercinary forces , supported only by them to keep them still in slavery ) according to their oaths , vows , protestations , duties , manifold late declarations , remonstrances , solemn league , covenant , and the encouraging memorable presidents of their ancestors in former ages here , recorded ; i dare assure them ( by gods blessing ) a desired good-success , whereof their * ancestors never failed : no mortal powers nor armies whatsoever , having either impudency or ability enough to deny , detain them from them , if they will but b generally , unanimously , couragiously , importunately claim and demand them as their birth-rights . but if they will still basely disown , betray , and cowardly desert both them and their assertors , and leave them to a single combate with their combined jesuitical enemies ( whom none take care to discover , suppress or banish out of our realms , where they now swarm more than ever ) and armed invaders ; the fate of our old english britons , when they improvidently neglected to unite their counsels , forces against , and fought only singly with the invading united armies of the romans , is like to be englands condition now ; i dum pugnant singuli , vincunntur universi : the single champions of our liberties , laws , rights , will be easily over-powered , destroyed , for the present ; and all others ( by their unworthy treachery and baseness , in not adhering to , but abandoning their present patrons ) discouraged , disabled to propugne , regain them for the future : and the whole kingdom vanquished , yea enslaved for eternity in all humane probability , to those who have broken your k former yokes of wood , but instead thereof have made for , and put upon you yokes of iron : and by the jesuites machiavilian plots and policies , will reduce you by degrees under a meer papal yoke at last , having deeply leavened many in power and arms , with their forementioned most desperate jesuitical positions , practises and politicks , which will soon usher in the whole body of popery , and all damnable heresies whatsoever , by degrees , to the ruine of our religion , as well as laws and liberties . wherefore , seeing it neither is , nor can be reputed treason , felony , sedition , faction , nor any crime at all , but a commendable bounden duty , to which our protestations , oaths , leagues , covenants , reason , law , conscience , our own private and the publick interest , safety of the nation engage us , for all and every freeborn englishman , joyntly and severally to claim , maintain , preserve , by all just , honourable , publick and private wayes they may , their unquestionable hereditary birth-rights , laws , liberties , parliamentary priviledges , &c. here asserted and presented to them , after so much blood , treasure , labour spent to rescue them out of the hands of old and late oppressing tyrants ; nor any offence at all , but a praise-worthy service now in me , or any other , publickly to encourage them to this duty , ( and the strenuous defence of our endangered undermined protestant religion , subverted with our laws & liberties , and living or dying together with them ) at this present season , as i have done heretofore upon all occasions ; and seeing none can justly censure them or me , for discharging our oathes , consciences , covenants , protestations , duties in this kinde , but such as shall thereby declare themselves publick enemies and trayters to the whole nation , laws , government , parliaments of england , as the resolutions , presidents , * herein cited , yea their own best friends , ( and our † reformed religion too ) have already adjudged them : and seeing * sir thomas fairfax and the general councel of his army , held at putney sept. 9. 1647. in their declararation , concerning the fvndamental avthority & government of the kingdon ; printed by their appointment , in these words : whereas a member of the general councel of this army , hath publikely declared and expressed himself , that there is no visible authority in the kingdom , bvt the power & force of the sword , ( as others of them say since , and now both by words and deeds , without controll . ) we therefore the said general councel ( to testifie . how farre our hearts & minds are from any design of setting up the power of the sword above or against the fundamental authority & government of the kingdom & our readinesse to maintain and uphold the said authority : ) have by a free vo●e ( in the said councel , no man contradicting ) judged the said member , to be expelled the said councel . which we hereby thought fit to publish , as a clear manifestation of our dislike & disavowing svch principles or practises , ( which notwithstanding they have since avowed pursued in the highest degree ; and i desire them now to repent of ▪ reform , and really make good ) have engaged to maintain and propugne with their swords , what i here endeavour to defend , support , with my pen. and seeing they intituled their printed papers , a declaration of the engagements , remonstrances , reprèsentations , proposals , desires , and resolutions , from his excellency sir tho : fairfax , and the general covncel of the army , for setling of his majesty in his jvst rights , the parliament in their jvst privileges , and the svbjects in their liberties & freedoms . also representations of the grievances of the kingdom , & remedies propovnded , for removing the present pressvres whereby the svbjects are bvrdened ( and excises , taxes amongst the rest ) and the resolutions of the army , for the establishment of a firm & lasting peace in chvrch & kingdom , printed by their own , and the lords house special or●er , london 1647 : the self-same things i here contend , plead for , ( which i wish they would now really make good by their future consultations and actions to avoid the just censures of meer hypocrites and impostors , as the whole world will else repute them . ) i shall therefore exhort not only the whole army , army-officers , and their general councel ; but likewise the whole english nation , and all real lovers of their own or their countries liberties , peace , laws , ease , safety , religion , and future establishment in this common cause , in the words of the philistines one to another in a time of need , when they were greatly affraid , 1 sam. 4. 9. be strong and l quit your selves like men , o ye philistines , that ye be not servante to the hebrews , as they have been to you● quit your selves like men , fight , &c. that so ( as the apostle writes in the like case , phil. 1. 27 , 28. ) whether i come and see you , or be absent from you ▪ i may hear of your affairs , that ye stand fast in one spirit , with one mind , striving together for the faith of the gospel ; ( and the ancient fundamental laws , liberties , rights , priviledges , parliaments , government and religion of our realm , which the jesuites and their instruments make their master-piece totally to undermine and subvert ) and in nothing terrified by your adversaries , which is to them an evident token of perdition , but to you of salvation , and that of god. if the presidents of your renowned ancesters here recorded ; the paterns of m many gallant pagan romans , graecians , who have spent their lives , for their countries , laws , liberties ; or if my example and these my lucubrations shall provoke you hereunto ; i shall think my labour well bestowed ; and you and your posterities worthy to live like english-freemen . but if you wil now neither manfully demand , speak , nor contend for them any more , out of a slavish fear of a prevailing army raised only for their just defence , or any other humane powers whatsoever ; nor once adventure with united spirits now at last , so much as confidently , boldly to ask these your unquestionable birthrights at the thrones of any mortal grandees , your fellow-subjects , when god almighty himself commands you , to come with boldnesse to his coelestial throne of grace , that you may obtain ( not meer right as here , but ) mercy it self , and grace to help in time of need , heb. 4. 16. qui timide rogat , docet negare ; you can neither hope for , nor ever obtain them for the future , but deserve eternally to forfeit them , and you and yours to be made slaves for ever : however i ( though these collections prove successless ) shal carry this as a comfortable cordial with me to my grave , that i have faithfully discharged my conscience and bounden duty to my degenerous native country , by endevouring all i could both to make and preserve it free indeed ; to detect and prevent all jesuitical plots and practises , to undermine , imbroyl , divide , subvert , ruine it ; and used my utmost sincerest constant endeavours in my place and calling herein . but if through the malice , tyranny or injustice of any prevailing enemies of publick freedom , or jesuitical agents , i shall chance to suffer for it in any kind , ( as i have formerly done for most of my publick services of this nature ) be it close-imprisonments , fines , pillories , stigmatizings or death it self ; i shall onely say beforehand , as gregory the great did heretofore : indict . 2. epist . 78. in causa qua deo place●e cupio , homines non formido : and as noble heroick esther did , in a like publick case for her endangered captivated nation , n if i perish , i perish : and this my unrighteous suffering , shall be a new glorious permissive , ordering , over-ruling providence , doth no wayes justify nor extenuate the guilt of any traytors , rebels , murderers , conspirators sinnes ▪ treasons , rebellions , murders , regicides , conspiracies , rapines , oppressions , or wicked devices , which he permits them to plot , act , accomplish ; so it doth in no wise exempt them in gods or mens esteem from being the true original plotters , contrivers , and immediate instrumental actors of them ; nor from the divine or humane punishments which they in justice demerit ; as is most evident by gen. 50. 15. to 21. psal . 37. 7. 9. prov. 24. 10 , 21 , 22. iob 20. 5 , 6 , &c. 1 kings 12. 12. to 25. c. 15. 23. to 30. c. 16. 1. to 30. specially ver . 7 , 8. 2 kings 11. 1. to 17. c. 14. 5 , 6. c. 15. 8. to 32. c. 17. 21 , 22. 1 sam. 8. 2 sam. 1. 2. to 17. c. 4. throughout . hos . 1. 4. c. 8. 4 , 5. isay 29. 15 , 16 c. 10. 5 , 6 , 7 , &c. acts 1. 16. to 21. c. 2. 23. 1 thess . 2. 14 , 15 , 16. mat. 27 ▪ 3 , 4 , 5. compared together . and if we should look upon all our late changes , revolutions in our kingdoms , government , church , parliaments , religion , laws , ( wrought by the iesuites and their instruments ) as the meer wonderfull immediate productions and glorious operations of god himself in the world , and upon the instruments imployed in them , only as gods own precious chosen saints and servants , accomplishing nothing but his own determinate will , providence , councel , ( though to satisfie their own ambition , covetousnesse , malice , rapine , blood-thirstinesse , lusts ) as many now proclaim them , and not as conspirators , treacherous , perfidious , pernicious malefactors in the highest degree , as well as iack cade , wat tyler , strafford , canterbury , or the murderers of our saviour , joash , ishbosheth , with other kings heretofore , and of henry the 3. and 4. of france , of late ; there should then be no traytors , conspirators , murderers , sinners , treasons , conspiracies , murders , sinnes , in the world ( being all perpetrated by gods permissive providence ) no law , nor hell to punish them : and it would be no less than a direct resisting , fighting against god and his providence , for any christians , kingdoms , kings , or loyal subjects , to pray against , resist , oppose the treasons , murders , conspiracies , vsurpations , rebellions , innovations , plots , of any iesuites or romish emissaries , or their under-agents , against our kings , kingdoms , governors , parliaments , laws , liberties , government and religion ; which would be professed blasphemy , or frenzy at least , for any man to affirm . 2. that this iesuite parsons ▪ in his ●o●ks of the reformation of all the states of england , as he prescribed reformations to the prince , court , counsellors , noblemen , bishops , prelates , pastors , universities , lawyers , laws , in which he will have strange metamorphoses ; so likewise , the covrt of parliament he will have brovght to better form , as w. w. ( a secular priest ) in a dialogue between a secular priest and a lay-gentleman , printed at rhemes , an. 1601. p. 95. watson in his quadlibets , p. 92. to 96. 320. to 334. william clark ( a s●cular priest in his answer to father parsons l●bel , p. 75. &c. ) in direct terms attest . and may we not then justly suspect , that the late new-models and reformations of our kingdoms , parliaments , government , laws , &c. ( originally promoted by our * army counsels , and officers ) proceeded primarily from the iesuites projections & plots against them , if the statutes of 23 eliz. c. 1. 27 eliz. c. 2. 35 eliz. c. 2 , 3. iac. c. 1 , 2 , 4 , 5 , 7. 7 iac. c. 6. and the manifold declarations of both houses of parliament , exact collection , p. 491 , 492 , 497 , 498 , 616. 631 , 666 , 698 , 813 , to 828. may be judges ? 3. that the iesuites drift directly is ( immediatly by means of * conquest intended for england ) to bring it and all christendom into an uproar , for common sovldiers to examine their soveraigns , what title they hold by ; that thereupon themselves by craft , money and multitudes gathered together through their policy , may bring england , ( and then ) spain , and all the rest under their subjection and monarchy : and that principally by this iesuitical position ; that every precopie or tartarian multitude , getting once the stile and title of a publick state , or helvetian common-wealth , may alter , change and innovate the course of inheritances and succession to crowns and kingdoms , and also to every private persons heritage holden in fee-s●mple : as b william watson assures us in these very terms . and whether the jesuites have not instructed our army officers and common souldiers upon this pretext , and for this very end , to examine their soveraigns , yea , our parliaments titles , priviledges , and powers too of late , and dispose of , reject , suppress them at their pleasure ; let themselves , the whole nation , with all in present power , in the fear of god , most seriously consider , without passion or affection , before it be over-late . 4. that the oathes of supremacy and allegiance ( which all members of parliament ought by law to take , before they can sit , or vote as members ) specially made and prescribed by our most wise , zealous c protestant parliaments , to prevent the treasonable plots and designs of popes , iesuites , and papists , against our protestant princes , realms , parliaments , religion , though confirmed by many statutes , and containing in them , only the declaration of such a duty , as every true and well-affected subject , not only by the bond of allegiance , but also by the commandment of god , ought to bear to the king , his heirs and successors ; and none but * persons infected with popish superstition formerly oppugned , ( as the prologue of the statute of 7 iacobi c. 6. positively resolves ) have by late state innovators , not only been discontinued , suspended , but declaimed against and repealed ( as much as in them lay ) as d vnlawful oaths ; the old lawes against iesuits and popish seminaries , discontinued , abrogated , or coldly executed . e the new oath for abjuration of popery , with all bills against iesuites and papists , presented to the late king by both houses the last parliament , and by him consented to in the isle of wight , wholly laid aside , and quite buried in oblivion . the solemn protestation , league and covenant , prescribed by the last parliaments taken by all the well-affected in all the 3 kingdoms ( to f prevent the dangerous plots of papists , iesuites , and our common enemies to destroy our religion , churches , realms , government , parliaments , laws , liberties ) quite antiquated , dec●ied , detested , and a g new engagement forcibly imposed under highest penalties and disabilities upon all men , diametrically contrary to these oaths , protestations and covenants , which have been ( by a new kind of papal power ) publickly dispenced with , and the people absolved from them , to become sworn homages to other new self-created lords and masters . and are not all these , with the late proclaimed universal toleration and protection of all religions , to considerate zealous protestants , strong arguments of the jesuites predominancy in our late counsels , transactions , and changes of publike government ? 5. that the notion of the present government , ( in my weak apprehension ) derived its original from the iesuites late-invented h present church , the onely supream power and judge of controversies , which all men must submit unto , by a meer absolute blind obedience , and implicit faith , without dispute by their determination : as they must do , by a like iesuitical blind obedience ( newly taught and obtruded on us ) to that present republican government , and new optimacity , and popularity , lately set up instead of our monarchy . which two forms of government , and want of a king and monarchy , as they are the punishment of a peoples sins , and the transgressions of a land by gods own resolution , not a mercy . hosea 10. 3. c. 1. 4. ier. 18. 7. prov. 28. 2. ez● . 19. 14. lam. 4. 20. c. 5 , 7 , 8 , 12. so they were the inventions of factious grecians at first , w●ch * put all their cities into combustions , fury , frenzy , and civil wars against each other , to their utter overthrow in conclusion : witness these verses of i heniochus , a greek comedian : tum geminae ad illas accesserunt mulieres ( titas quae cuncta conturbarunt : optimaest nomen alteri : alteri popularitas ; ( runt . quarum incitatis pridem externatae fu● so the iesuits , k parsons , l campanella , m car. richelieu , designed to introduce & set them up among so us in engl. scotl. and ireland , of purpose to divide● destroy us by civil wars and combustions , and bring us under their jesuitical power at last , as the marginal authorities declare to all the world . and if this be undeniable to all having any sence of religion , peace or publick safety left within their brests , is it not more than high time for us to awake out of our former lethargy , & fordid , selfish stupidity , to prevent our ruine , by these and other forementioned jesuitical practises ? of can any englishman , or real parl. be justly offended with me for this impartial discovery of them ? or for my endeavours to put all the dislocated members and broken bones of our old inverted fundamental body politick , into their * due places , joints and postures again , without which there is no more n possibility of reducing it to its , pr●stine health , ease , settlement , tranquility , prosperity , or of preserving it from perpetual pain , inquietation , consumption and approaching death , than of a natural body whose principal members continue dis-joynted , and bones broken all in pieces , as all prudent state-physicians must acknowledge . these five considerations , together with the premises ; will i presume sufficiently wipe off all the malicious scandalous imputations , which militiere and other papists , have injuriously cast upon the principles and chief professors of our reformed religion , in relation to the late exorbitant proceedings against the king , parliament , the publike revolutions , confusions , ataxies both in our church & kingdoms ; and retort them on the iesuitical , papal , seditious , treasonable , antimonarchical principles and professors of their religion , especially the iesuits and french cardinals ( militiere his late lords and masters ) the original contrivers , and chief clandestine promoters of them , as every day more and more discovers to the world . and withall abundantly justifie this my undertaking & impartial discovery of jesuitical plots to ruin our church , religion , kingdoms , parliaments , laws , liberties , government , against all malicious enemies , accusers maligners whatsoever , before all the tribunals of god or men , where i shal be ready to justifie them upon all occasions . in perpetual testimony whereof , i have hereunto set my hand , and by gods grace shall ever be ready to seal them and the truth of god with my blood , if called out to do it . swainswick , aug. 12. 1654. william prynne . a seasonable legal and historicall vindication and chronologicall collection of the good old fundamental liberties , franchise● , rights , laws of all english freem●n ; ( their best inheritance , birth-right , security , against all arbitrary tyranny , aegyptian slavery and burdens ) of late years most dangerously undermined , oppugned , and almost totally subverted , under the specious feigned disguise of their defence , enlargement , and future establishment upon a sure basis . it is an universall received principle , and experimentall truth , beyond all contradiction , that no naturall structure , no artificial building , no civil or ecclesiastical corporation , realm , republike , government , or society of men ; no art or science whatsoever , can possibly be erected , supported , established , preserved or continued in their being or well-being , without fovndations ; whereon , as they were at first erected , so they must necessarily still depend , or else they will presently fall to utter ruine . hence it is ( to wave all humane authorities in so clear a verity ) that in gods own sacred unerring a word of truth , we finde frequent mention of the naturall b foundations of the the vast natural fabrick of the earth , heavens and world it self ; of the artificial , material c foundations of the material temple , wals , city of gods own most famous jerusalem ; and of private houses : of the spirituall d foundations of the spiritual temple , city , jerusalem , and whole church of god ; even jesus christ himself : of doctrinal e foundations , and first principles of religion ; christianity , salvation : yea , of the politicall foundations of kingdomes , republicks , churches , governments , states : which being once shaken , undermined , subverted , razed , or d●stroyed , bring unavoidable ruine and desolation upon them , ( psal . 11. 3. psal . 82. 5. jer. 50. 15. & 51. 25 , 26. micah 1. 6 , 7 , 9. ) even as we daily see castles , walls , houses to fall instantly to the ground , and become an heap of confusion , when their f foundations are blown up , decayed , or demolished . upon which consideration , those publike laws , which establish , fence , fortifie , support the fundamental constitutions , rights , liberties , priviledges of any nation , kingdome , republike , ( essentiall to their being and subsistence , as a free or happy people , against the invasions , underminings , enchroachments of any tyrants , vsurpers , oppressors , or publike enemies , are usually stiled fundamental laws ; and have ever been reputed so sacred , inviolable , immutable , in all ages , upon any pretences of necessity , or publike safety , that most nations , and our own english ancestors above others , have freely chosen to hazard , yea , lose their estates , lives , in their just defence , against such exorbitant tyrannical kings , and other powers , who by force or policy have endeavoured to violate , alter , or subvert them ; rather than out of a cowardice , sottishnesse , carelesnesse , or want of cordial love to the publike , to suffer the least infringment , repeal , or alteration of them to the inthrawling of themselves or their posterities to the arbitrary wils of such domineering tyrants and vsurping powers . now because , after all our old and new ( many years ) bloody , costly , dangerous contests and wars , for the maintenance of our good old fundamental liberties , laws , ●ights , priviledges , against all secret or open underminers of them , i clearly behold with grief of heart , that there is a strang monstrous generation of new tyrannical state-hereticks , sprung up amongst us ; who are grown so desperately impudent , as not only to write , but publikely to assert in print , in g books printed by authority , ( even in capitals , in every title page ) that the freemen and people of england have no such unalterable fundamental laws and liberties left them by their forefathers ( as our ancestours heretofore contested for , both in the field and parliament-house , with william the conqueror , henry the first , king john , henry the third , edward 1. 2. 3. richard 2. with other kings and princes ; and our late parliament● and armies too , with king james and king charls . ) that neither magna charta , nor the petition of right , nor the laws for trying malefactors by juries of their pears , are fundamental or unalterable ; but that the state physitians ( or rather mountebanks ) of our time ( who are not tied up to them , but left free unto themselves ) may lay them quite aside , either in part or whol , as they see cause . yea , have now attained to such a super-transcendent authority , that they may ( as they assert ) lay aside all parliaments & parliamentary wayes , & appoint something else , as more seasonable and proper to us , and as providence makes way for it , if they see it more conducing to the safety and good of the commonwealth ( that is , to their own privat interests , honors ; profits , securities , designes , oppressions , rapines , gilded over with this specious pretext ) and then peremptorily conclude , that to plead for these and other fundamental laws and liberties , as unalterable , ( though the only bulwarks & badges of our freedome ) is nothing else , but to enslave the nation : for by such a principle , people do not only lose their liberty , but are brought under such a kinde of tyranny , out of which ( as being worse than the aegyptian bondage ) there is no hope of deliverance . an absurd tyrannical paradox , transcending any i ever yet met with in any author ; stripping us naked of all our long enjoyed laws , liberties , franchises , great charters at once ; tending onely to reduce , and perpetually inthrall us under such an absolute aegyptian bondage and tyranny , without any hope of future deliverance from it , which some now endeavour * to entaile on us and our posterities for ever , by an iron law , and yoke of steel , in stead of restoring to us that glorious freedome , which we have so long expected from them in vain . and because i finde the generality of the nobility , gentry , clergy , commonalty of our nation , after all their late years expensive bloody wars , and parliamentary disputes , for the defence and preservation of these our ancient hereditary fundamentall charters , laws , liberties , priviledges , so strangely degenerated both from themselves , and their heroick prudent ancestors , as that they are more readily inclined , upon every occasion , out of a base , unchristian , unmanly , un-english fear , or sottish cowardise and stupidity , wittingly to desert , betray , surrender them al up into the hands of any invading vs●rpers , without the least publike claim , dissertation , defence , dspute ; then diligently or couragiously to cōtend or suffer for them , of late they did : so as that which paul once taxed in the ●lavish besotted corinthians , 2 epist . 11. 20. may be most truly averred of our degenerated , infatuated english nation : ye suffer if a man bring you into bondage , if a man de●●ur you , if a man take of you , if a man ex●lt himself ( above your laws , liberties , franchises , parliaments , kings , nobles , properties , lives , consciences , and all * that is called god , or warshipped ) if a man smite you on the face ; notwithstanding all their manifold late * protestations , vows , covenants , remonstrances , declaration● and publike engagements to the contrary . and withall , after diligent enquiry , discovering scarce one man of eminency or power in the nation , nor so much as one of my degenerated temporizing profession of the law , ( even when the * whole body of our laws , and all its professors , are violently assault●d , and devoted unto suddain ruine , by many lawlesse spirits ) who hath so much courage , magnanimity , honesty , zeal , or cordial love to his native country , remaining in his brest , as manfully to appear in publike , for the strenuous necessary defence of these our hereditary , fundamentall laws , liberties , rights , franchises , ( though their own , and every other english freemans best inheritance and security ) for fear of being persecuted , imprisoned , close imprisoned , exiled , condemned , destroyed , as a traytor , rebell , seditious person , enemy to the publike , or disturber of the kingdomes peace , by those who are truly such : i thereupon conceived , i could not undertake or performe a more necessary , seasonable , beneficiall service for my country and ingrate unworthy nation ( who are now ashamed , afraid , for the most part , to own , visit , or be seen in the company of those gallant men , much lesse to assist , defend , and stick close unto them in their dangers , according to the sixth article of their late solemn league and covenant , who have suffered , acted , and stood up most for their common liberties , rights , freedoms , religion , against all invading tyrant● , to their great discouragement and betraying : ) not pitch upon any subject more proper for me , either as a common lawyer , or as a constant advocate and sufferer for the publike cause , and liberties of the nation , as well under our late extravagant free state , as former regal and episcopal arbitrary tyranny , than in this juncture of our publike affairs , to present our whole distracted unsetled kingdome , with a legal and historical vindication , and chronological collection , in all ages , of these ancient , hereditary liberties , franchises , rights , and all those national , parliamentall , legal and martial contests , laws , charters , records , monuments of former and late times , for their confirmation and inviolable observation , which our ancestors and our selves have alwaies hitherto reputed fundamental , unalterable and inviolable , upon any pretext , and have most eagerly contended for , with the prodigal expence of many millions of treasure , and whole oceans of gallant christian english blood . and if upon the serious perusall of them , the universality of our degenerated nation , after their many solemn protestations , vows , leagues , covenants , remonstrances , inviolably to defend and maintain them , shall still so undervalue them now at last , ( as most actually have done ) as not to esteem them worth the owning , maintaining , vindicating , or perpetuating any longer ; & thereby draw upon their heads , the reall guilt of all those bloody wars , murders , tumults , violences , rapines , oppressions , sins , mischiefs , illegal taxes , excises , exorbitancies , which their many late years pretended necessary defence and preservation have brought upon our three whol nations ; let them henceforth , like so many dastardly conquered bondslaves , * bored through the ears , publikely disavow , disclaim , renounce , abjure them , for themselves and their posterities for ever , as meer worthlesse toyes , or pernicious inventions , fit onely to kindle perpetual wars and discords between king and people , head and members , superiours and inferiours ; or , as poor slender cobwebs , ( as now they prove ) able to hold none within compasse , but the very weakest flies , broken thorow with ease and impunity , by every greater fly , or armed waspe , creeping up into any power or supream authority , by right or wrong ; and swept down to the very ground , by every new broom in the hand of vpstart innovators . but if upon saddest deliberation , they shall really estimate them to be such incompatable , rich , precious jewels , and ancient inheritances , as are every way worth the infinite treasures , wars , blood , cares , consultations , troubles , heretofore and of late years expended , both to gain , retain , confirm , and perpetuate them , to them and their posterities for ever , as their principal earthly security , and beatitude ; i hope they will all then unanimously conclude with the poet , non minor est virtus quàm quaerere , parta tveri : and both by their votes and actions , return the self-same peremptory magnanimous answer to any caesar , conqueror , potentate , power , or combination of men , whatsoever , ( who shall endeavour by force , fraud , or flattery to compell or perswade them , to sell , resign , betray , or give up these their ancestrall priviledges , inheritances , birth-rights to them ) as naboth once did to king ahab , 1 kings 21. 3. the lord forbid it us , that we should give ( sell or betray ) the inheritance of ovr fathers ( and our posterities likewise ) unto thee , or you ; though they should suffer for this answer and refusall , as much as naboth did from bloody ahab and jezebel . but whatever low price or estimate this spurious , stupid , sordid , slavish age may set upon these richest pearls ; yet for my own particular , upon serious consideration of these chronological collections , and the solemn oaths , protestations , vows , league and covenant , obliging me to defend them to the uttermost ; i value the whole nations publike , and my own ( with my cordial friends ) private interest in them , at so high a rate , that i would rather chearfully part with ten thousand lives , and all the treasures of the nation , indies , were i owner of them , then wittingly , negligently , or unworthily sell , betray , or resign them up to any mortals or powers whatsoever , upon any pretences or conditions , after all my former publications , contests , sufferings , losses , &c. for their just defence . and to the end al others might now take special notice of the inestimable value our ancestors in all ages have set upon them , and what successive wars , conflicts , they have chearfully undertaken for their preservation ; i have at vacant hours compiled this ensuing vindication and collection of the old fundamental liberties , franchises , laws of all english freemen , which i shall bequeath to my most beloved native country , in general , and every reall heroick patron of them in particular , as the best legacy i can leave behinde me , both for their present and future enfranchisment , immunity , security , from all arbitrary tyranny , slavery and yokes of bondage , under which they have a long time languished , and lamented in the bitterness of their spirits . the method i resolve herein to pursue , is this : 1. i shall produce some punctuall authorities of moment , to evidence , that the kingdome and freemen of england , have some ancient hereditary just rights , liberties , priviledges , franchises , laws and customs , properly called fvndamental ; and likewise a fundamental government , no wayes to be altered , undermined , subverted directly or indirectly , to the publique prejudice , under pain of highest treason in those , who shall attempt it , especially by fraud , force , or armed power . 2. i shall , in brief propositions , present you with the chiefest and most considerable of them , which our ancestors in former ages , and our latest real parliaments have resolved to be , and eargerly contended for , as fundamental , essentiall to their being and well-being , as a free people , kingdome , republique , unwilling to be enslaved under any yokes of tyranny , any arbitrary , 〈◊〉 positions or powers whatsoever , then give you a briefe touch of their severall late unparalelld violations , both by the edicts and actions of usurping powers . 3. i shall in a chronological way , tender you a large historical catalogue of national parliamental , civill and military ▪ contests , votes , declarations , ●emonstrances , oathes , vows , protestations , covenants , engagements , excommunications , confirmations , evidences , statutes , charters , writs , records , judgments and authorities in all ages , undeniably evidencing , declaring , vindicating , establishing , perpetuating these fundamental hereditary rights , liberties , priviledges , franchises , customs , laws , and abundantly manifesting the extraordinary care , industry , zeal , courage , wisdome , vigilancy of our ancestours , to defend , preserve , and perpetuate them to posterity , without the least violation or diminution . 4. i shall vindicate the excellency , indifferency , and leg●lity of trying all malefactors whatsoever , by juries of their ●eers , upon legal processe and indictments ; and manifest the illegallity , injustice , partiality , dangerous consequences , of admitting or introducing any other form of trials , by new. arbitrary martiall commissions , or courts of high justice , ( or rather * injustice ) inconsistent with , and destructive to the fundamental rights , liberties , priviledges , laws , franchises of the english nation , and of most dangerous president to posterity ; being set up by the greatest pretenders to publike liberty , law , and the ●heifest inveighers against arbitrary regal tyranny and power , which never publikely established such arbitrary illegal tryals and new butcheries of christian english freemen , by any law , and may fall to imitate them in future ages , by their example . each of these i intend to prosecute in distinct chapters in their order . chap. 1. 1. for the first of these : that the kingdome and freemen of england , have some ancient hereditary rights , liberties , priviledges , franchises , laws and customs , properly called fvndamental ; and likewise a fvndamentall government , no wayes to be altered , undermined , subverted , directly or indirectly , under pain of high treason in those who shall attempt it ; especially by fraud , force , or armed power . i shall confirm the first part of it , by these ensuing punctual authorities of moment , against those * traiterous late published pamphlets , which professedly deny it , and endeavour , a totall abrogation of all former lawes , to set up a new modell and body of the law , to rule us for the future , according to their pleasures . the first is , the expresse words of the great charters of the liberties of england , granted by king john , anno 1215. in the 16 year of his reign ; regranted and confirmed by king henry the third , in the 9 year of his reign , and sundry times afterwards and by king edward the first , in the 25 and 28 years of his reign : wherein these three kings successively , by their several grand charters , under their great seals , did grant , give , and confirm , to all the nobility , is , and ever shall be , far from the thoughts and intents of all good kings , governours and parliament , who bear a sincere care and affection to the subjects of england , to alter or innovate them . 3. that by these ancient good laws , priviledges and customs , not only the kings regall authority , but the peoples security of lands , livings , and priviledges , ( both in general and particular ) are preserved and maintained . 4. that by the abolishing or altering of them , it is impossible , but that present confusion will fall upon the whol state and frame of this kingdom : which i wish all innovators and new modellers of our lawes and government would now at last lay seriously to heart , and the whole kingdome and english nation sadly consider , who have found it an experimental truth of late years , and no imaginary seigned speculation . 3. the third is , the remon●trance of the whole house of commons in parliament , delivered in writing to king james , in the parliament of 7. jacobi , anno 1610. which begins thus : to the kings most excellent majesty . most gracious soveraign , whereas we your majesties most humble subjects , the commons assembled in parliament , having received first by message , and since by speech from your majesty , a command of restraint , from debating in parliament your majesties right of imposing upon your subjects goods exported out of , or imported into this realm , yet allowing us to examine the grievance of these impositions , in regard of quantity , time , and other circumstances of disproportion thereto incident : we your humble subjects nothing doubting , but that your majesty had no intent by that command , to infring the ancient and fundamentall rights of the liberty of parliament , in point of exact discussing of all matters concerning them and their possessions , goods , and rights whatsoever : which yet we cannot but conceive to be done in effect by this command ; do with all humble duty make this remonstr●nce to your majesty . first , we hold it an ancient , general and undoubted right of parliament , to debate freely all matters , which do properly concern the subject and his right or estate : which freedome of debate being once fore-closed , the essence of the liberty of parliament is withall dissolved , &c. here the whole house of commons , in a speciall remonstrance to king james , ( printed and published by order of a committee of the house of commons for licensing of books , dated 20 maii 17. caroli 1641. ) declare , resolve , vindicate and maintain , one principal , ancient , fundamentall , general , undoubed right of the liberty of parliament , against the kings intrenchment on it : of which should they be but once fore closed , the essence of the liberty of parliament is withall dissolved . and peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real parliament , to examine , whether some clauses and restrictions in the 9. 12. 14. 16 , 17. 21. 22. 24 , 25. 27. 30. 32 , 33. 36 , 37 , 38 , 39 , 40. articles ( or strings ) of the new instrument intituled , the government of the common-wealth of england , scotland , and ireland , and the dominions thereunto belonging ; as it was publikely declared at westminster the 16. day of december 1653 , &c. do not as much , nay far more intrench upon the ancient fundamental , general undoubted rights and liberty of parliament , and parliamentary free debates , to the dissolution of the essential liberty of all future parliaments , as this command of king james did , or as the bishops late canons , imposed on the clergy in and by the convocation , anno 1640. ever did ; and this clause in their , &c. oath then made , ( now * imitated by others , who condemned it ) i. a. b. do swear , that i will never give my consent to alter the government of this church , by arch-bishops , bishops , deans and arch-deacons , &c. as it stands now established , and as by right it ought to stand . which clause and oath imposed onely on the clergy-men . resolved by the whole house of commons and peers too , in parliament , without one dissenting voice , december 16. 1640. to be a most dangerous & illegal oath , contrary to the rights and priviledges of parliament , and to the fundamental laws and statutes of the realu● , &c. and of dangerous consequence : the contriving whereof was objected to the late archbishop of caterbury , in his original articles of high treason , for which amongst other things he lost his head . the fourth is the notable petition of grievances of the whole house of commons in parliament , presented to king james in the seventh year of his reign , after their vote against his right , to levy impositions on goods imported , or exported , without assent and grant of parliament , in these ensuing words . the policy of this your majesties kingdomes , appropriates unto the kings of this realm , with assent of parliament , as well the soveraign power of making laws , as that of taxing or imposing upon the subjects goods or merchandises , wherein they have justly such a property , as may not without their consent be altered or changed : this is the cause , that the people of this kingdome , as they have * ever shewed themselves faithfull and loving to their kings , and ready to aid them in all just occasions , with voluntary contributions : so have they been * ever careful to preserve their own liberties and rights , * when any thing hath been done to prejudice or impeach the same . and therefore when their princes , either occasioned by war , or by their own bounty , or by any other necessity , have without consent of parliament set on impositions , either within the land , or upon commodities exported or imported by the merchants , they have in open parliament complained of it , in that it was done without their consents , and thereupon * never failed to obtain a speedy and full redresse , without any claim made by the kings , of any power or prerogative in that point . and though the law of property be original , and carefully preserved by the common laws of this real , which are as ancient as the kingdome it self , yet those famous kings , for the better contentment and assurance of their loving subjects , agreed , that this old fundamental right ( observe the words ) should be further declared , and established by acts of parliament , wherein it is provided , that no such charge shall ever be laid upon the people , without their common consents , as may appear , by sundry records of former times . we therefore your majesties most humble commons assembled in parliament * following the example of this worthy care of our ancestors , and out of our duty to those for whom we serve , finding that your majesty , without advice of your lords and commons , hath lately ( in times of peace ) set both greater impositions , and farre more in number , than any your noble ancestors did ever in time of warre , do with all humility present this most just and necessary petition unto your majesty , that all impositions set withovt assent in parliament , may be qvite abolished and taken away . and that your majesty likewise , in imitation of your royal progenitors , will be pleased , that a law in your time , and during this session of parliament , may be also made , to declare , that all imposition of any kinde , set , or to be set upon your people , their goods or merchandises , save onely by common consent in parliament , are and shall b● void ; wherein your majesty shall not onely give your subjects great satisfaction in point of their right ; but also bring exceeding joy and comfort to them , who now suffer partly through the abating of the price of native commodities , and partly through the raising of all forraign , to the overthrow of merchants , and shipping , the causing of general dearth , and decay of all wealth among your people ; who will be thereby no lesse discouraged , than disabled to supply your majesty when occasion shall require . in which memorable petition , the whole house of commons resolve in direct terms : 1. that the subjects of england have old original fundamental rights ( and more particularly ) in the property of their goods , exempted from all impositions whatsoever , in times of peace or war , without their common consent in parliament ; declared and established both by the ancient and common law of england and sundry acts of parliament , and records , of former times . 2. they declare , the constant vigilant care , zeal of our ancestors and former parliaments in all ages , inviolably to maintain , defend , preserve the same , against all enchroachments , together with their own care , duty and vigilancy in this kind in that very parliament . 3. they relate the readinesse of our kings to ratifie these their fundamental rights by new acts of parliament , when they have been violated in any kinde . 4. they declare the benefit accruing both to prince and people , by the inviolable preservation and establishment of this old fundamental right , and the mischiefs accruing to both by the infringment thereof , by arbitrary illegall impositions , without full consent in parliament . 5. they earnestly ( in point of conscience , prudence , and duty to those for whom they served ) petition his majesty , for a new law and declaration , against all new impositions and taxes on inland goods , or merchandises imported or exported , without the peoples free consent in parliament , as null , void , utterly to be abolished and taken away : whether it will not be absolutely necessary for the whole english nation , and the next ensuing national , or reall parliament , to prosecute , enact , establish such a declaration and law against all such former and future arbitrary , illegal , oppressive taxes , impositions , excises , that have been imposed and continued for many years together on the whole kingdome , by * new extravagant , self-created , usurping army-officers , and other powers , without free and full consent of the people in lawfull english parliaments , against all former laws , declarations and resolutions in parliaments , to their great oppression , enslaving , undoing , in far greater proportions , multiplicity , and variety , than ever in former ages , without the least intermission ; and likewise against their late declared designe , to perpetuate them on our exhausted nation , without alteration or diminution , ( beyond and against all presidents of former ages ) both in times of peace and war , for the future , by the 27 , 28 , 29 , 30 , 39. articles of the instrument entituled , the government of the common-wealth of england , &c. i remit to their most serious considerations to determine , if ever they resolve to be english freemen again , or to imitate the wisdome , prudence , zeal , courage and laudable examples of their worthy ancestors , from which they cannot now degenerate without the greatest infamy , and enslaving of themselves with their posterities for ever , to the arbitrary wils of present or future vsurpers on their fundamental rights and liberties , in an higher degree then ever in any precedent ages , under the greatest conquerours or kings , after all their late , costly , bloody wars , for their defence against the beheaded king. 5 the fifth is , a learned and necessary argument made in the commons house of parliament , anno 7. jacobi , to prove , that each subject hath a property in his goods ; shewing also , the extent of the kings prerogative in impositions upon the goods of merchants , exported or imported , &c. by a late learned judge of this kingdome , printed at london by richard bishop , 1641. and ordered to be published in print , at a committee appointed by the honorable house of commons , for examination and licensing of books , 20. maii 1641. in which parliamentary argument , p. 8. 11. 16. i finde these direct passages : that the new impositions contained in the book of rates , imposed on merchandizes , imported and exported by the kings prerogative , and letters patents , without consent in parliament , is against the natural frame and constitution of the policy of this kingdome , which is , jvs pvblicvm regni , and so svbverteth the fundamental law of the realm , and introduceth a new form of state and government : can any man give me a reason , why the king can only in parliament make laws ? no man ever read any law , whereby it was so ordained ; and yet no man ever read , that * any king practised the contrary ; therefore it is the original right of the kingdome , and the very natural constitution of our state and policy , being one of the highest rights of soveraign power . if the king alone out of parliament may impose , * he altereth the law of england in one of these two main fundamental points ; he must either take the subjects goods from them , without assent of the party , which is against the law , or else he must give his own letters patents the force of a law , to alter the property of the subjects goods , which is also against the law. in this and sundry other arguments ( touching the right of impositions ) in the commons house of parliament by the members of it , arguing against them , it was frequently averred , and at last voted and resolved by the house , 7. jacobi . that such impositions without consent in parliament , were * against the original fvndamental laws and property of the svbject , and original right , frame and constitution of the kingdome ; as the notes and journals of that parliament evidence : an expresse parliamentary resolution in point , for what i here assert . 6. the sixth is , a conference desired by the lords , and had by a committee of both houses , concerning the rights and priviledges of the subject . 3. aprilis 4. caroli 1628. entered in the parliament journal of 4. caroli , and since printed at london 1642. in the introduction to which conference , sir dudley digs by the commons house order , used these expressions : my good lords , whilest we the commons , out of our good affections , were seeking for money , we found , i cannot say a ●ook of the law , but many a fvndamental point thereof neglected and broken , which hath occasioned our desire of this conference : wherein i am first commanded to shew unto your lordships in general : that the laws of england are grounded on reason more ancient than books , consisting much in unwritten customs ; yet so full of justice and true equity , that your most honorable predecessors and ancestors propugned them with , a * nolvmvs mvtari ; and so ancient , that from the saxons dayes , notwithstanding the injuries and ruines of time , they have continued in most parts the same , &c. be pleased then to know , that it is an undoubted and fundamentall point of this so ancient common law of england , that the subject hath a true property in his goods and possessions , which doth preserve as sacred , that mevm and tvvm , that is the nurse of industry , and the mother of courage , and without which , there can be no justice , of which mevm and tvvm is the proper object : but the vndovbted birth-right of free svbjects , hath lately not a little been invaded and prejudiced by pressures , the more grievous , because they have been pursued by imprisonment , contrary to the franchises of this land , &c. which the commons house proved by many statutes and records in all ages , in that conference , to the full satisfaction of the lords house ; since published in print . 7. the seventh is , the vote the * whole house of commons , 16. december 1640. nullo contradicente , entered in their journall , and printed in diurnall occurrences , page 13. that the canons made in the convocation ( anno 1640. ) are against the fundamental laws of the realm , the property and liberty of the subject , the right of parliament , and containe diverse things tending to faction and sedition . seconded in their remonstrances of 15. december 1641. 8. the eight authority is , * the votes of both houses of parliament , concerning the security of the kingdome of england and dominion of wales , 15. martii 1641. ordered by the lords and commons in parliament to be forthwith printed and published ( as they were then by themselves , and afterwards with other votes and orders ) resolved upon the question , nemine ▪ contradicente ; that in case of extream danger , and his majesties refusall , the ordinance agreed on by both houses for the militia ( to secure the houses , members and priviledges of parliament and kingdome against armed-violence , since brought upon them by the militia of the army ) doth obliege the people , and ought to be obeyed , by the fundamental laws of this kingdome . a very vain and delusory vote , if there be no such law , as some now affirm . 9. the nineth punctuall authority is , * a second declaration of the lords and commons assembled in parliament , concerning the commission of array ; printed by their speciall order of 12. january 1642. wherein are these observable passages , the main drift of all the answer is to maintain , that the king by the common law may grant such a commission of array , as this is , upon this ground , because it s for the defence of the kingdome : and , that the power , which he hath to grant it by the common law , is not taken away by the petition of right , or any former statute , but the king notwithstanding any of them , may charge the subject for defence of the kingdome ; so as the charge imposed come not to himself , nor to his particular advantage . these grounds thus laid , extend not to the commission of array alone , but to all other charges that his ma●esty shall impose upon his subjects , upon pretence of defence of the kingdome ; for there is the same reason of law for any other charge that is pretended for defence , as for this . if his majesty by the common law may charge his subjects to finde arms , and other things in the commission enjoyned , because they are for defence of the kingdom ; by the same reason of law , he may command his people to build castles , forts and bulwarks , and after to maintain them with garrisons , arms , and victuals , at their own charges : and by the same reason he may compel his subjects to finde ships , and furnish them with men , ammunition and victuals , and to finde souldiers pay , * coat and conduct money ; provide victuals for souldiers , and all other things necessary for an army ; these things being as necessary for defence , as any thing that can be done in execution of this commission . and for that exposition of the petition of right and other statutes therein noted ( if it should hold ) doth it not overthrow , as well the petition it self , at all other laws that have been made for the subjects benefit against taxes and other charges , either 〈…〉 or any other parliaments ? these positions thus laid down and maintained , do shake the fundamental laws of the kingdome ( the ancient birth right of every subject ) both for the property of his goods , and liberty of his person : nay , they strike at the root of parliaments : what need his * majesty call parliaments , to provide for defence of the realm , when himself may compell his subjects to defend it without parliaments ? if these grounds should hold , what need the subjects grant subsidies in parliament for defence of the kingdome in time of reall danger , if the king for defence at any times , when he shall onely conceive or pretend danger , may impose charges upon his subjects without their consent in parliament ? upon that which hath been said in this and our former declaration , we doubt not but all indifferent men will be satisfied , that this commission of array , is full of danger , and inconvenience to the subjects of england , and against the fundamental● lawes of the land , both for property of goods , and liberty of person , &c. as it is against the fundamental laws of the realm , so no statute makes it good , &c. and the lords and commons do upon the whole matter here conclude , that they are very much aggrieved , that after so many declarations and solemn protestations made by his majesty to rule by the known laws of this land , his majesty by advice of his ill councellors should be perswaded to set such a commission on foot , which is so clearly contrary to the fundamental laws of this land , the rights of property , and liberty of the subject , contrary to former resolutions of parliament , and to the petition of right . i am certain , the generality of the nation are now as much and more agrieved , that some , who were parties to this declaration , and others , who have made as many or more declarations & protestations as his majesty ever did , to rule by the known laws of the land ; should since this , far exceed his majesty in the like , nay greater , more exorbitances in the militia , excises , taxes , impositions , imprisonments arbitrary extravagant proceedings , capital executions in new erected courts of injustice , and whole volumes of new binding ordinances , as they term them , and their ill-sounding instrument , obliging all our three nations , both for the present & all future ages , in * their intention ; as diametrically contrary as the kings commissions of array , to the fundamentall laws of the land ( four times together so stiled and insisted on , as such , in this one declaration of both houses ) the right of property of the subject , contrary to former resolutions , and the petition of right ; yea ( which is most abominable ) to their own declarations , remonstrances , votes , protestations , vows , solemne leagues and covenants in parliament , to their own eternall infamy , as well as the peoples intolerable oppression and slavery ; who thereupon may justly conclude and protest against them , as both houses did in the close of this declaration against the array , viz. * and the lords and commons do and shall adhere to their former votes & resolutions , that all those that are actors in putting of this commission of array ( these instruments , ordinances new taxes , imposts , excises ) in execution , shall be esteemed disturbers of the peace of the kingdome , and of the properties and liberties of the subject . 10. the tenth evidence is , * the vote and letter of both houses of parliament sent to his majesty at oxford , 9. march 1643. in answer to his majesties , of the third of march ▪ and wherein there is this passage : we the lords and commons assembled in the parliament of england , &c. have resolved , with the concurrent advice and consent of the commissioners of scotland , to represent to your majesty in all humility and plainnesse as followeth ; that this present parliament convened , according to the known and * fundamental laws of the kingdome ( the continuance whereof is established by a law consented to by your majesty ) is in effect denied to be a parliament , &c. and hereupon we think our selves bound to let your majesty know ; that since the * continuance of this parliament is settled by a law , ( which as all other laws of your kingdome , your majesty is sworn to maintain , as we are sworn to our allegiance to your majesty ; those obligations being reciprocall ) we must in duty , and accordingly are resolved , with our lives and fortunes , to defend and preserve the ●ust rights and full power of this parliament : to which the earle of essex ( then general ) by both houses order , in his letter to the earle of forth january 30. 1643. adds this corolary . my lord , the main●enance of the parliament of england , and the priviledges thereof , is that for which we are resolved to spend our bloud , as being the fovndation whereon all ovr laws and liberties are bvilt : which both the lords and commons assembled in parliament , in their declaration 23. march 1643. touching their proceedings upon his majesties letter , concerning a treaty of peace ; ( wherein this earls former letter is recited ) thus second : the parliament of england is the onely basis , the chief support and pillar of our laws and liberties , &c. and if notwithstanding all these obligations , the king shall at his pleasure dissolve this parliament , the kingdome is not onely deprived of the present , but made uncapable of enjoying the benefit of any future parliament , or laws , any longer than shall stand with the will and pleasure of the king : and consequently the fundamentals of all our laws and government are subverted . let the parliament-purging , securing , sequestring , dissolving officers army , and their confederates , seriously ponder this , yea let all the whole english nation and their trustees who shall hereafter sit in parliament , consider and reform it in the first place , if ever they expect any freedome , free parliaments , peace , settlement , enjoyment of their fundamental laws , rights , or liberties for the future , depending on our parliaments freedome , and exemption from all force and violence on its members . the eleventh is , the * ordinance of both houses of parliament , 13. junii 1644. for the forces raised in the county of salop , which begins thus : the lords and commons assembled in parliament , taking into their serious considerations , the great oppressions under which the inhabitants of the county of salop lie , by reason the insupportable taxes , &c. and the present condition of the county , by reason of the great number of irish rebels that have invaded it , and joyned with papists and other ill affected persons , now in those parts , which threaten the extirpation of the protestant religion , and the subversion of the fundamental laws and government of the kingdom . for prevention whereof , &c. a direct ordinance in point . the twelfth is , * a declaration of the commons of england , assembled in parliament , 17. aprilis 1646. of their true intentions concerning the ancient and fundamental government of the kingdome , securing the people against all arbitrary government , &c. wherein they complain , that the enemy being in dispair to accomplish his designes by war , do mis-represent our intentions in the use we intend to make of the great successes god hath given us , and the happy opportunity to settle peace and truth in the three kingdomes ; to beget a belief that we now desire to exc●ed , or swerve from our first aym's and principles in the undertaking of this war , and to recede from the solemn league and covenant , and treaties between the two kingdomes ; and that we would prolong these uncomfortable troubles , and bleeding distractions , in * order to alter the fundamental constitution and frame of this kingdome , to leave all government in the church loose and unsettled , and ourselves to exercise the same arbitrary power over the persons and estates of the svbjects , which this present parliament hath thought fit to abolish , by taking away the star-chamber , high-commission , and other arbitrary courts , and the exorbitant power of the council table , ( all which we have seen experimentally verified in every particular , in the highest degree , notwithstanding this declaration , by some in late and present power , and new white-hall council tables , exceeding the old in illegal taxes , law-making , and other extravagances : ) all which being seriously considered by us , &c. we do declare , that our true and real intentions are , and our endeavour shall be , to settle religion in the purity thereof , * to maintain the ancient and fundamentall government of this kingdome , to preserve the rights and liberties of the subject ; to lay hold on the first opportunity of procuring a safe and well grounded peace in the three kingdoms , and to keep a good understanding between the two kingdomes of england and scotland , according to the grounds expressed in the solemn league and covenant : and lest these generals should not give a sufficient satisfaction , we have thought fit , to the end men might no longer be abused in a misbelief of our intentions , or a misunderstanding of our actions , to make a further enlargement upon the particulars . and first , concerning church-government , &c. because we cannot consent to the granting of an arbitrary and unlicensed power and jurisdiction , to neer ten thousand judicatories to be erected within this kingdome , and this demanded in such a way , as is not consistent with the fvndamental laws and government of the same , &c. our full resolutions still are , sincerely , really and constantly to endeavour the reformation of religion in the kingdome of england and ireland , in doctrine , worship , and government , according to the word of god , and the example of the best reformed churches , and according to the covenant . we are * so farre from altering the fundamental government of this kingdome by king , lords and commons , that we have onely desired , that with the consent of the king , such power may be settled in the two hovses , without which we can have no assurance , but that the like , or greater mischiefs than those which god hath hither to dilivered us from , may break out again , and engage us in a second and more destructive war ; whereby it plainly appears , our intentions are not to change the antient frame of government within this kingdome , but to obtain the end of the primitive institution of all government , the safety and weal of the people ; not judging it wise or safe , after so bitter experience of the bloody consequence of a * pretended power of the militia in the king , to leave any colourable authority in the same , for the future attempts of introducing an arbitrary government over this nation . we do declare , that we will not , nor any by colour of any authority derived from us , shall interrupt the * ordinary course of justice , in the severall courts of judicatories of this kingdome , nor intermeddle in the cases of private interest other where determinable , unlesse it be in case of male-administration of justice ; wherein we shall see and provide , that right be done , and punishment inflicted , as there shall be occasion , according to the laws of the kingdome . lastly , whereas both nations have entred into a solemn ▪ league and covenant ; we have , and ever shall be very carefull duly to observe the same : that as nothing hath been done , so nothing shall be done by us repugnant to the true meaning and intention thereof , &c. who will not depart from those grounds and principles , upon which it was framed and founded . though the generality of the ( afterwards , ) secured and secluded majority of the house of commons , endeavoured constantly to make good this declaration in all particulars ; yet how desperatly the garbled minority thereof , continuing in power after their seclusion , prevaricated , apostatized , and falsified their faith herein in every particle , in the highest degree , we cannot but with greatest grief of heart , and detestation remember , to the subversion , ruine of our king , lords , commons , kingdome , parliaments , fundamentall laws , government , and the peoples liberties , &c. almost beyond all hopes of restitution or reparation in humane probability , without a miracle from heaven . the lord give them grace most seriously to consider repent of , and really , sincerely reform it now at last , and to make it the principle subject of their prescribed publike humiliations , fasts and lamentations , as god himself prescribes ; isa . 58. 5 , 6 , 7 , 8. jer. 34. 8. to 22. ezech. 19. 1. 14. hos . 10. 3 , 4. and not still to adde drunkennesse to thirst , lest they bring them to temporall and eternal condemnation for it in gods own due time , and engender endlesse wars , troubles , taxes , changes , confusions in our kingdomes , as they have hitherto done and will do till all be restored to their just rights , powers , places , possessions and liberties . by this full jury of parliamentary authorities , to omit many others , of * like , or * inferiour nature , and lesse moment , it is undeniable : that the people of england , have both ancient fundamentall rights , liberties , franchises , laws , and a fundamental government , which like the laws of the medes and persians , neither may nor ought to be altered , or innovated upon any pretence , but perpetually maintained , defended , with greatest care , vigilancy , resolution ; and he who shall deny or oppugn it , deser●●s no refulation by further arguments , since it is a received maxime in all arts , contra principia negantem non est disputandum ; but rather demerits a sentence of condemnation and publike execution at tyburn , as a common enemy , traitor to our laws , liberties , nation ; it being no lesse than a transcendent crime , and high treason by our laws , for any person or persons , secretly or openly , to attempt the undermining or subversion of our fundamental laws , rights , liberties , government , especially by fraud , treachery , force or armed power and violence ( the later part of my first proposal ) which i shall now confirm by these twelve following presidents and evidences , corroborating likewise the former part , that we have such fundamental laws , liberties , rights , franchises , and a fundamental government too . in the * fifth year of king richard the second , the vulgar rabble of people and villains , in kent , essex , sussex , norfolk , cambridge-shire and other counties , under the conduct of wat tyler , jack straw and other rebels , assembling together in great multitudes ( occasioned at first by the new invented tax of poll-money , granted by parliament , and the over-rigorous levying thereof , on the people , by the kings officers ( though nothing so grievous as our excises , contributions , & new imposts now , so long exacted without any legal grant in true , free and full english parliaments ) resolved by force and violence , to abrogate the law of villenage , with all other laws they disliked , formerly setled ; to burn all the records , kill and behead all the judges , justices , and men of law of all sorts , which they could get into their hands ; to burn and destroy the inns of court , ( as they did then the new temple , where the apprentices of the law lodged , burning their monuments and records of law there found ) to alter the tenures of lands , to devise new laws of their own , by which the subjects should be governed : to change the ancient hereditary monarchicall government of the realm , and to erect petty elective tyrannies and kingdomes to themselves in every shire : ( a project eagerly prosecuted by some anarchicall anabaptists , jesuits , levellers , very lately ) and though withall they intended to destroy the king at last , and all the nobles too , when they had gotten sufficient power ; yet at first to cloak their intentions from the people , they took an oath of all they met ; quod regi & communibus fidelitatem servarent ; that they should keep allegiance and faith to the king & commons : yea , wat tyler demanded a commission from the king , to behead all lawyers , escheaters , and others whatsoever that were learned in the laws , or communicated with the law by reason of their office , conceiving in his minde , that this being brought to passe , all things afterwards would be ordered according to his own and the common peoples fancy . and he made his vaunt , putting his hand to his own lips ; that before scure dayes came to an end , all the laws of england should proceed from his mouth . ( which some of late times seem to speak not only in words , but deeds , by their manifold new laws and edicts , repealing or contradicting our old ) this their resolution and attempt thus to alter and subvert the laws and government , upon full debate in the parliament of 5. r. 2. n. 30. 31. was declared to be high-treason against the king and the law , for which divers of the chief actors in this treasonable designe , were condemned and executed , as traitors , in severall places ; and the rest enforced to a publike submission , & then pardoned . let these imitators now remember this old president . 2. in the * parliament of 11. r. 2. ( as appears by the parliament rols and printed statutes at large ) three privy councellours , the archbishop of york , the duke of ireland , and the earl of suffolk , the bishop of exeter , the kings confessor , five knights , six judges ( whereof sir robert tresylian chief justice was one ) blake , of the kings councel at law , vsk , and others , were impeached and condemned of high treason , some of them executed as traitors , the rest banished , their lands and goods forfeited , and none to endeavour to procure their pardon , under pain of felony ; for their endeavouring to overthrow a commission for the good of the kingdome , contrary to an act of parliament , by force of arms , and opinions in law delivered by these temporizing judges and lawyers , to the king , ( through threats and terrour at nottingham castle ) tending to subvert the laws and statutes of the realm , overthrow the power , priviledges and proceedings of parliament , and betray ( not * all the house of lords , but only ) some of the lords of parliament . which judgement being afterwards reversed in the forced and packed parliament of 21. r. 2. was reconfirmed in the parliament of 1 h. 4. c. 3 , 4 , 5. and the parliament of 21. r. 2. totally repealed , and adnulled for ever , and hath so continued . read statut. at large . 3. in the * parliament of 17 r. 2. n. 20. and pas . 17 r. 2. b. regis rot. 16. sir thomas talbot was accused and found guilty of high treason , for conspiring the death of the dukes of glocester , lancaster , and other peers , who maintained the commission confirmed by act of parliament , 10. r. 2 and assembling people in a warlike manner in the county of chester , for effecting of it , in destruction of the estates of the realm ; and the laws of the kingdome . 4. in the * 29. year of king henry the sixth , jack cade , under a pretence to reform , alter and abrogate some laws , purveyances and extortions importable to the commons whereupon he was called john amend all ) drew a great multitude of kentish people to black-heath , in a warlike manner , to effect it : in the parliament of 29 h. 6. c. 1 this was adjudged high treason in him and his complices , by act of parliament : and the parliament of 31. h. 6. c. 1. made this memorable act against him , and his imitators in succeding ages ; worthy serious perusal and consideration by all , who tread in his footsteps , and over-act him in his treasons . whereas the most abominable tyrant , horrible , odious , and errant false traytor , john cade , calling himself sometimes mortimer , sometime captain of kent , ( which name , fame , acts and feats , be to be removed out of the speech and minde of every faithfull christian man perpetually ) falsly and traiterously purposing and imagining the perpetuall destruction of the kings person and final svbversion of this realm , taking upon him * royall power , and gathering to him the kings people in great number , by false svbtil , imagined langvage : and seditiously made a stirring rebellion , and insurrection , vnder colovr of jvstice , for reformation of the laws of the said king , robbing , slaying , spoiling a great part of his faithfull people : our said soveraign lord the king , considering the premises , with many other , which were more odious to remember , by advice and assent of the lords spiritual and temporal , and at the request of the commons , and by authority aforesaid , hath ordained and established , that the said john cade shall be had , named and declared , a false traytor , to our said soveraign lord the king ; and that all his tyranny , acts , feats , & false opinions , shall be voided , abated , adnulled , destroyed , and put out of remembrance for ever . and that all indictments , and things depending thereof , had and made under the power of tyranny , shall likewise be void , adnulled , abated , repealed , and holden for none : and that the blood of none of them be defiled , nor corrupted , but by the authority of the said parliament clearly declared for ever . and that all indictments in time coming , in like case , under power of tyranny , rebellion and stirring had , shall be of no regard or effect , but void in law : and all the petitions * delivered to the said king in his last parliament holden at westminster , the sixth day of november the 29. of his reign , against his minde , by him not agreed , shall be taken and put in oblivion , out of remembrance , undone , voided , adnulled and destroyed for ever , as a thing purposed against god and his conscience , and against his royal estate and preheminence , and also dishonorable and unreasonable . 5. in the * 8 year of king henry the 8. william bell , and thomas lacy , in the county of kent , conspired with thomas cheney ( the hermite of the queen of fairies ) to over throw the laws and customs of the realm : for effecting whereof , they with 200 more met together , and concluded upon a course of raising greater forces in kent , and the adjacent shires ; this was judged high treason , and some of them executed as traitors . moreover , it * was resolved by all the judges of england , in the reign of henry . 8. that an insurrection against the statute of laborers , or for the inhansing of salaries and wages , or against any statute , or to remove councellors , or to any other end pretending reformation of their own heads , was treason , and a levying war against the king , becavse it was generally against the kings law , and the offenders took upon them the reformation thereof , which subjects by gathering of power ought not to do . 6. on * december 1. in the 21. year of king henry the 8. sr. thomas moore , lord chancellour of england , with fourteen more lords of the privy councel , john fitz-james , chief justice of england , and sir anthony fitz-herbert , herbert , one of the judges of the common pleas , exhibited sundry articles of impeachment to king henry the 8. against cardinal wolsey : that he had by divers and many sundry wayes and fashions , committed high treason , and notable grievous offences , by misusing altering and subverting of his graces laws , and otherwise , contrary to his high honour , prerogative , crown , estate , and dignity royal ; to the inestimable great hinderance , diminution and decay of the universal wealth of this his graces realm . the articles are 43. in number , the 20 , 21 , 26 , 30 , 35 , 37 : 42 , 43. contain , his illegal arbitrary practises and proceedings to the subversion of the due course and order of his graces laws , to the undoing of a great number of his loving people . whereupon they pray . please therefore your mostexcellent majesty of your excellent goodnesse towards the weal of this your realm , and subjects of the same , to set such order and direction upon the said lord cardinal , as may be to terrible example of other , to beware to offend your grace , and your laws hereafter : and that he be so provided for , that he never have any power , jurisdiction or authority hereafter , to trouble , vex or impoverish the common-wealth of this your realm , as he hath done heretofore , to the great hurt and dammage of every man almost , high and low . his * poysoning himself prevented his legal judgement for these his practises . 7. the statute of 3. and 4. ed. c. 5 , 6. enacts , that if any persons , to the number of twelve or more , being assembled together , shall intend , go about , practise or put in use with force and arms , unlawfully of their own authority , to change any laws made for religion , by authority of parliament , or any other laws or statutes of this realm , standing in force , or any of them ; and shall continue together by the space of an houre , being commanded by a justice of peace , mayor , sheriffe , or other officer to return : or shall by ringing of any bell , sounding of any trumpet , drumme , horn , &c. raise such a number of persons , to the intent to put any the things aforesaid in ure , it shall be high treason , and the parties executed as traytors : after this the statute of 1 mariaec . * 12. enacted , that if twelve or more in manner aforesaid , shall endeavour by force to alter any of the laws or statutes of the kingdome ; the offenders shall from the time therein limited , be ad●udged onely as felons , whereas it was treason before : but this act continuing but till the next parliament , and then expiring , the offence remains treason , as formerly . 8. in the * 39. year of queen elizabeth , divers in the county of oxford consulted together to go from house to house in that county , and from thence to london and other parts , to excite them to take arms for the throwing down of inclosures throughout the realm ; nothing more was prosecuted , nor assemblies made ; yet in easter term 39. elizabeth , it was resolved by all the judges of england ( who met about the case ) that this was high treason , and a levying war against the queen , because it was to throw down all inclosures throughout the kingdom , to which they could pretend no right : and that the end of it was , to over throw the laws and statutes for inclosures . whereupon bradshaw and burton ( two of the principal offenders ) were condemned and executed at ainstow hill in oxfordshire , where they intended their first meeting . 9. to come nearer to our present times and case : in the last parliament of king charls , anno 1640. * the whole house of commons impeached thomas earl of strafford , lord deputy of ireland , of high treason ; amongst other articles , for this crime especially ( wherein all the other centred ) that he hath treasonably endeavoured by his words , actions and counsels , to subvert the fundamentall laws and government of england and ireland , and introduce an arbitrary and tyrannical government . this the whole parliament declared and adjudged to be high treason , in and by their votes , and a special act of parliament for his attainder ; for which he was condemned , and soon after executed on tower-hill , as a traytor to the king and kingdome , may 22. 1641. 10. the whole house of commons the same parliament , impeached * william laud arch-bishop of canterbury , of high treason ; in these very terms , february 6 , 1640. first , that he hath traiterously endeavoured to subvert the fundamental laws and government of this kingdome of england , and instead thereof , to introduce an arbitrary and tyrannical government against law : and he to that end hath wickedly and trayterovsly advised his majesty , that he * might at his own will and pleasure , levy and take mony of his subjects without their consent in parliament ; and this he affirmed was warrantable by the law of god. secondly , he hath for the better accomplishment of that his traiterous designe , advised and procured sermons and other discourses , to be preached , printed and published ; in which the * authority of parliaments , and the force of the laws of this kingdome have been denyed , and absolute and unlimitted power over the persons and estates of his majesties subjects maintained and defended , not onely in the king , but in himself and other bishops , against the law. thirdly , he hath by letters , messages , threats and promises , and by divers other wayes to judges , and other ministers of justice , interrupted , perverted , and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of justice in his majesties courts at westminster and other courts , to the subversion of the laws of this kingdome , whereby sundry of his majesties subjects have been stopt in their just suits , deprived of their lawfull rights , and subjected to his tyrannicall will , to their ruine and destruction . fourthly , that he hath traiterously endeavoured to corrupt the other courts of justice , by advising and procuring his majesty to sell places of judicature and other offices , contrary to the laws and customes in that behalf . fifthly , that he hath traiterously caused a a book of canons to be compiled and published , without any lawfull warrant and authority in that behalf ; in which pretended canons * many matters are contained , contrary to the kings prerogative , to the fundamentall laws and statutes of this realm , to the rights of parliament , to the property and liberty of the subject , and matters tending sedition , and of dangerous consequence , and to the establishing of a vast , unlawfull presumptuous power in himself and his successors , &c. seventhly , that he hath traiterously endeavoured to alter and subvert gods true religion by law established ; and instead thereof to set up popish religion and idolatry : and to that end hath declared , and maintained in speeches and printed books , diverse popish doctrines and opinions , contrary to the articles of religion established by law . he hath urged and enjoyned divers popish and superstitious ceremonies without any warrant of law ; and hath cruelly persecuted those who have opposed the same , by corporal punishment , and imprisonments ; and most unjustly vexed others , who refused to conform thereunto by ecclesiasticall censures , excommunication , suspension , * deprivation , and degradation , contrary to the laws of this kingdome . thirteenth , he did by his own authority and power contrary * to law , procure sundry of his majesties subjects , and enforced the clergy of this kingdome to contribute towards the maintenance of the war against the scots . that to preserve himself from being questioned , for these & other his traiterous courses , he hath laboured to subvert the rights of parliament , and the ancient course of parliamentary proceedings , ( and have not the army officers and others actually done it since upon the same accompt ? ) and by false and malicious slanders to incense his majesty against parliaments . all which being proved against him at his triall , were after solemn argument by mr. samuel brown , in behalf of the commons house , proved ; and soon after adjudged , to be high treason at the common law , by both houses of parliament ; and so declared in the ordinance for his attainder : for which he was condemned and beheaded as a traitor , against the king , law and kingdom , on tower hill , january 10. 1644. 11. in the * same parliament , december 21. jan. 14. febr. 11. 1640. and july 6. 1641. sir john finch , then lord keeper , chief justice bramston , judge berkley , judge crawly , chief baron davenport , baron weston , and baron trevour , were accused and impeached by the house of commons , by several articles transmitted to the lords , of high treason , for that they had traiterously and wickedly endeavoured , to subvert the fundamental laws and established government of the realm of england , and instead thereof to introd●ce an arbitrary and tyrannical government against law ; which they had declared , by traiterous and wicked words , opinions , judgements ; and more especially in this their extrajudiciall opinion , subscribed by them in the case of ship money , viz. we are of opinion , that when the good and safety of the kingdome in generall is concerned , and the whole kingdome in danger ; your majesty may by writ , under the great seal of england ( without consent in parliament ) command all your subjects of this your kingdome , at their charge to provide and furnish such a number of ships , with men , victuall and ammunition , and for such time as your majesty shall think fit for the defence and safeguard of the kingdome , from such danger and perill . and we are of opinion , that in such case , your majesty is the * sole judge both of the danger , and when , and how , the sume is to be prevented , and avoided and likewise for arguing and giving judgment accordingly , in mr. john hampdens case , in the exchequer chamber , in the point of ship money , in april 1638 : which said opinions , are destructive to the fundamental laws of the realm , * the subjects right of property , and contrary to former resolutions in parliament , and the petition of right ; as the words of their severall impeachments run . sir john fin●h fled the realm , to preserve his head on his shoulders ; some others of them died through fear , to prevent the danger , soon after their impeachments , and the rest who were lesse peccant , were put to fines . 12. mr. john pym , in his declaration upon the whole matter of the charge of high treason against thomas earl of strafford , aprill 12. 1641. before a committee of both houses of parliament in westminster hall ; printed and published by order of the house of commons ; proves his endeavour to subvert the fundamental laws of england , and to introduce an arbitrary power ; to be high treason , and an offence very hainous in the nature , and mischievous in the effects thereof ; which ( saith he ) will best appear , if it be examined by that universall and supream law , salu● populi : the element of all laws , out of which they are derived : the end of all laws , to which they are designed , and in which they are perfected . 1. it is an offence comprehending all other offences . here you shall finde several treasons , murthers , rapines , oppressions , perjuries . there is in this crime , a seminary of all evils , hurtfull to a state ; and if you consider the reasons of it , it must needs be so . the law , is that which puts a difference betwixt good and evill ; betwixt just and unjust . if you take away the law , all things will fall into confusion ; every man will become a law to himself , which in the depraved condition of humane nature , must needs produce many great enormities ; * lust will become a law ; and envy will become a law ; covetousnesse and ambition will become laws ; and what dictates , what decisions such laws will produce , may easily be discerned in the late government of ireland ( and england too since this . ) the law hath a power to prevent , to restrain , to repair evils : without this all kindes of mischiefs and distempers will break in upon a state. it is the law that intitles the king to the allegiance and service of his people : it intitles the people to the protection and justice of the king , &c. the law is the boundary , the measure betwixt the kings prerogative , and the peoples liberties ; whiles these move in their orbe , they are a support and security to one another ; but if these bounds be so removed , that they enter into contestation and conflict , one of these great mischiefs must needs ensue : if the prerogative of the king overwhelm the liberty of the people , it will be turned into tyranny ; if liberty undermine the prerogative , it will turn into anarchy . the law is the safegard , the custody of all private interests : your honours , your lives , your liberties , and your estates , are all in the keeping of the law : without this , every man hath a like right to any thing : and this is the condition into which the irish were brought by the earl of strafford ; ( and the english by others who condemned him ) and the reason which he gave for it , hath more mischief than the thing it self : they are a conquered nation , ( let those who now say the same of england , as well as scotland and ireland , consider and observe what followes ) there cannot be a word more pregnant and fruitfull in treason , than that word is . there are few nations in the world , that have not been conquered , and no doubt but the conquerour may give * what laws he please to those that are conquered . but if the succeeding parts and agreements do not limit and restrain that right , what people can be secure ? england hath been conquered , and wales hath been conquered , and by this reason will be in little better case than ireland . if the king by the right of a conquerour give lawes to his people , shall not the people by the same reason be restored to the right of the conquered , to recover their liberty if they can ? what can be more hurtful , more pernicious , than such propositions as these ? 2. it is dangerous to the kings person : and dangerous to his crown : it is apt to cherish ambition , usurpation , and oppression in great men : and to beget sedition , discontent in the people , and both these have been , and in reason must ever be great causes of trouble and alterations to prince and state. if the histories of those eastern countries be perused , where princes order their affairs , according to the * mischievous principles of the earl of strafford , loose and absolved from all rules of government , they will be found to be frequent in combustions , full of massacres , and the tragical end of princes . if any man shall look into our own stories , in the times when the laws were most neglected , he shall finde them full of commotions , of civill distempers , whereby the kings , that then raigned , were alwaies kept in want and disresse , the people consumed with civil wars : and by such wicked counsels as these , some of our princes have been brought to such miserable ends , as * no honest heart can remember without horrour and earnest prayer , that it may never be so again . 3. as it is dangerous to the kings person and crown , so it is in other respects very prejudiciall to his majesty , in honour , profit and greatnesse ( which he there proves at large , as you may there read at leisure ) and yet these are the guildings and paintings , that are put upon such counsels : these are for your honour , for your service . 4. it is inconsistent with the peace , the wealth , the prosperity of a nation . it is destructive to justice , the mother of peace : to industry , the spring of wealth ; to valour , which is the active vertue whereby the prosperity of a nation can onely be procured , confirmed , and enlarged . it is not onely apt to take away peace , and so intangle the nation with wars , but doth corrupt peace , and pours such a malignity into it , as produceth the effects of warre : both to the * nobility and others , having as little security of their persons or estates , in this peaceable time , as if the kingdome had been under the fury and rage of warre . and as for industry and valour , who will take pains for that , which when he hath gotten is not his own ? or who fights for that wherein he hath no other interest , but such as is subject to the will of another ? &c. shall it be treason to embase the kings coyne ; though but a piece of twelve pence or six pence , and must it not needs be the effect of greater treason to * embase the spirits of his subjects , and to set a stamp and character of servitude upon them , whereby they shall be disabled to do any thing for the service of the king or common-wealth ? 5. in times of sudden danger , by the invasion of an enemy , it will disable his majesty to preserve himself , and his subjects from that danger : when war threatens a kingdome , by the coming of a forraign enemy , it is no time then to discontent the people , to make them weary of the present government , and more inclinable to a change . the supplies which are ●o come in this way , will be unready , uncertain ; there can be no assurance of them , no dependance upon them , either for time or proportion . and if some money be gotten in such a way , the distractions , the divisions distemper● , which this course is apt to produce , will be more prejudicial to the publike safety , than the supply can be advantagious to it . 6. this crime is contrary to the pact and covenant between the king and his people ; by mutuall agreement and stipulation , confirmed by oath on both sides . 7. it is an offence that is contrary to the ends of government . 1. to prevent oppressions ; to * limit and restrain the excessive power and violence of great men ; to open passages of justice with indifferency towards all . 2. to preserve men in their estates , to secure them in their lives and liberties . 3. that vertue should be cherished , and vice suppressed ; but where laws are subverted , and arbitrary , and unlimited power set up ; a way is open not onely for the security , ( as now of all heresies ) but for the advancement and incouragement of evi●l , such men as are * ●ptest for the execution and maintenance of this power , are onely capable of preferment ; and others , who will not be instruments of any unjust commands , who make conscience to do any thing against the law of the kingdome , and liberties of the subject , are not onely not passable for imployment ; but svbject to mvch jealovsie and danger . ( is not this their condition of late and present times , even in parliament members themselves , as well as others , secured , secluded , kept close prisoners perforce , for making conscience of doing nothing against the laws and liberties of the kingdom , and their oaths and covenants too ? and refusing to comply with usurping innovators in all their self-seeking extravagancies and treasons ? expertus loquor . ) 4. that all accidents and events , all counsels and designes should be improved for the publique good . but this arbitrary power is apt to dispose all to the maintenance of it self . ( and is it not so now ? ) 8. the treasons of subversion of the laws , violation of liberties can never be good or justifiable by any circumstance or occasion , being in their own nature , how specious or good soever they be pretended . he alledgeth it was a time of great necessity and danger , when such counsels were necessary , for the preservation of the state ; ( the plea since , and now used by others , who condemned him ; ) if there were any necessity it was of his own making . he by his evill counsell had brought the king ( as others the kingdome since ) into a necessity ; and by no rules of justice can be allowed to gain this advantage to his justification ; which is a great part of his offence . 9. as this is treason in the nature of it , so it doth exceed all other treasons in this ; that in the designe and endeavour of the authour , it was to be a constant and permanent treason ; a standing perpetual treason ; which would have been in continual act , not determined within one time or age , but transmitted to posterity , even from generation to generation . and are not * others treasons of late times such , proclaimed such , in and by their own printed papers ; and therein exceeding straffords ? 10. as it is odious in the nature of it , so it is odious in the judgement and estimation of the law. to * alter the setled frame and constitution of government , is treason in any estate . ( let those consider it who are guilty of it in the highest degree , beyond strafford , canterbury , or the ship mony-judges in our own state. ) the laws whereby all parts of a kingdome are preserved , should be very vain and defective , if they had not a power to secure and preserve themselves . the forfeitures inflicted for treason by our law , are of life , honour , and estate , even all that can be forfeited : and this prisoner , although he should * pay all these forfeitures , will still be a debtor to the common-wealth . nothing can be more equal , than that he should perish by the justice of the law , which he would have subverted : neither will this be a new way of blood . there are marks enough to trace this law to the very original of this kingdome . and if it hath not been put in execution , as he alledgeth , this two hundred and fourty years ; it was not for want of law , but that all that time had not bred a man * bold enough to commit such crimes as these : which is a circumstance much aggravating his offence , and making him no lesse liable to punishment : he is the * onely man , that in so long a time hath ventured upon such a treason as this . thus far mr. john pym ; in the name and by the order and authority of the whole commons house in parliament : which i wish all those , who by their words , actions counsels ( and printed publications too ) have traiterously endeavoured to subvert the fundamentall laws , liberties , government , parliaments of england and ireland , and to introduce an arbitrary and tyrannical government against law , as much as ever strafford did , yea , far out stripped him therein ( even since his execution ) in all particulars , for which he was beheaded ; would now seriously lay to heart , and speedily reform , lest they equal or exceed him in conclusion in capital punishments for the same , or endlesse hellish torments . 13. the next authority i shall produce in point , is , the speech and declaration of master oliver st. john , at a conference of both houses of parliament , concerning shipmoney , upon judge finches impeachment of high treason , january 14. 1640. printed by the commons order , london , 1641. wherein he thus declares the sense of the commons , p. 12. &c. that by the judges opinions ( * forecited ) concerning ship-mony , the fundamental laws of the realm concerning our properties and our persons are shaken : whose treasonable offence herein , he thus aggravates , page 20. &c. the judges , as is declared in the parliament of 11 r. 2. are the executors of the statutes , and of the judgments and ordinances of parliament . they have made themselves the * executioners of them ; they have indeavoured the destruction of the fundamentals of our laws and liberties . holland in the low countries , lies under the sea : the superfices of the land , is lower than the superficies of the sea. it is capitall therefore for any man to cut the banks , because they defend the country : besides our own , even forraign authours , as comines , observes , that the statute de tallagio , and the other old laws , are the sea wals and banks , which keep the commons from the inundation of the prerogative . these * pioners have not onely undermined these banks , but have levelled them even with the ground . if one that was known to be hostis patriae , had done this , though the dammage be the same , yet the guilt is lesse ; but the conservatores riparum , the overseers intrusted with the defence of these banks , for them to destroy them ; the breach of trust aggravates , nay , alters the nature of the offence : breach of trust , though in a private person , and in the least things , is odious amongst all men : much more in a publike person , in things of great and publike concernment , because * great trust bindes the party trusted to greatest care and fidelity . it is treason in the constable of dover castle to deliver the keys to the known enemies of the kingdome : whereas if the house-keeper of a private person , deliver possession to his adversary , it is a crime scarce punishable by law. the * judges under his majesty , are the persons trusted with the laws , and in them with the lives , liberties and estates of the whole kingdome . this trust of all we have , is primarily from his majesty , and * from him delegated to the judges . his majesty at his coronation , is bound by his oath to execute justice to his people according to the lawes ; thereby to assure the people of the faithfull performance of his great trust : his majesty again , as he trusts the judges with the performance of this part of his oath ; so doth he likewise exact another oath of them , for their due execution of justice to the people , according to the laws : hereby the judges stand intrusted with this part of his majesties oath . if therefore the judges shall doe wittingly against the law , they doe not onely break their own oaths , and therein the common faith and trust of the whole kingdome ; but do as much as in them lies , asperse & blemish the sacred person of his majesty , with the odious and hatefull sin of * perjury . my lords , the hainousnesse of this offence is most legible in the * severe punishment , which former ages have inflicted upon those judges , who have broken any part of their oaths wittingly , though in things not so dangerous to the subject , as in the case in question . * sir thomas wayland , chief justice of the common pleas 17. e. 1. was attainted of felony for taking bribes , and his lands and goods forfeited , as appears in the pleas of parliament , 18 e. 1. and he was banished the kingdome , as unworthy to live in the state , against which he had so much offended . sir * william thorpe chief justice of the kings bench , in edward the thirds time , having of five persons received five severall bribes , which in all amounted to one hundred pounds , was for this alone , adjudged to be hanged , and all his goods and lands forfeited : the reason of the judgment is entered in the roll , in these words . quia praedictus willielmus * thorp qui sacramentum domini regis erga populum suum habuit ad custodiendum , fregit malitiose , falsò & rebelliter , quantum in ipso fuit . there is a notable declaration in that judgement , that this judgement was not to be drawn into example , against any other officers , who should break their oaths , but onely against those , qui praedictum sacramentum fecerunt , & fregerunt , & * habent leges angliae ad custodiendum : that is , onely to the judges oaths , who have the laws intrusted unto them . this judgment was given 24 e. 3. the next year in parliament 25 e. 3. numb . 10. it was debated in parliament , whether this judgement was legall ? et nullo contradicente , it was declared , to be just and according to the law : and the * same judgement may be given in time to come upon the like occasion . this case is in point , that it is death for any jvdge wittingly to break his oath in any part of it . this oath of thorp is entred in the roll , and the same verbatim with the judges oath in 18 edw. 3. and is the same which the judges now take . ( and let those who have taken the same oath , with the * oathes of supremacy and allegiance too , remember and apply this president , lest others do it for them . ) your lordships will give me leave to observe the differences between that and the case in question . 1. that of thorp , was onely a selling of the law by retaile , to these five persons ; for he had five severall bribes , of these five persons ; the passage of the law to the rest of the subjects , for ought appears , was free and open . but these opinions are a conveyance of the law by whole sale , and that not to , but from the subject . 2. in that of thorp , as to those five persons , it was not an absolute deniall of justice , it was not a damming up , but a straitning onely of the chanel . for whereas , the judges ought judicium reddere , that is , the lawes being the birth-right and inheritance of the subject , the judge when the parties in suit demand judgment , should re-dare , freely restore the right unto them ; now he doth not dare , but vendere , with hazard onely of perverting justice ; for the party that buyes the judgment , may have a good and honest cause . but these opinions , besides that , they have cost the subjects very dear , dearer than any ; nay , i think , i may truly say , than all the unjust judgments that ever have been given in this realm , witnesse the many hundred thousand pounds , which under colour of them , have been levied upon the subjects , amounting to * seven hundred thousand pounds and upwards , that have been paid unto the treasurers of the navy ( in sundry years ) besides what the subjects have been forced to pay sheriffs , sheriffs bailiff● ( and now an hundred times more to troopers , and souldiers , who forcibly levy their unlawfull contributions and excises , though adjudged high treason in straffords case , and proved such by master st. john ) and otherwise ; which altogether as is conceived , amounts not to lesse than a million ( in five years space , whereas we pay above two millions in taxes , imposts , excises , every year ) besides the infinite vexations of the subject , by suits in law , binding them over , and attendance at the councel table , taking them from their necessary imployments , in making sesses and collections , and imprisonment of their persons ( all now trebled to what then . ) i say , besides what is past , to make our miseries compleat , they have as much as in them is , made them endlesse ( as others since have done , by uncessant endlesse taxes and excises : ) for by these opinions , they have put upon themselves and their successors , an impossibility of ever doing us right again , and an incapacity upon us of demanding it so long as they continue . ( as the compilers of the late instrument , with 42 strings , intitled , the government of the common wealth of england , &c. article 1 , 2 , 3 , 9 , 10 , 12 , 22 , 24 , 25 , 27 , 28 , 29 , 31 , 32 , 36 , 37 , 38 , 39. have done , as far as they , and much beyond them . ) in that sore famine in the land of egypt , when the inhabitants were reduced to the next door to death ; ( for there they say , why should we die ? ) for bread , first they give their money , next their flocks and cattle ; last of all , their persons and lands for bread , all became pharoahs ; but by this , lex regia , there is a transaction made , not onely of our persons , but of our bread likewise , wherewith our persons should be sustained ; that was for bread , this of our bread . for since these opinions , if we have any thing at all , we are * not at all beholding to the law for it , but are wholy cast upon the mercy and goodnesse of the king . again , there the egyptians themselves , sold themselves , and all they had to the king : if ours had been so done ; if it had been so done by our own free consent in parliament , we had the lesse cause to complain . but it was done against our wils , and by those who were intrusted , and that vpon oath , with the preservation of these things for us . the laws are our forts and bulwarks of defence : if the captain of a castle , only out of fear and cowardice , and not for any compliance with the enemy , surrender it , this is treason , as was adjudged in parliament , 1 r. 2. in the two cases of gomines and weston , and in the case of the lord gray , for surrendring barwick castle to the scots , in edward the thirds time , though good defence had been made by him , and that he had lost his eldest son in maintenance of the seige : and yet the losse of a castle loseth not the kingdom , onely the place and adjacent parts , with trouble to the whole . but by these opinions , there is a surrender made of all our legall defence of property : that which hath been preacht , is now judged ; that there is no meum and tuum , * between the king and people ; besides that which concerns our persons . the law is the temple , the sanctuary , whether subjects ought to run for shelter and refvge : hereby it is become templum sine numine , as as was the temple built by the roman emperour , who after he had built it , put no gods into it : we have the letter of the law still , but not the sense : we have the fabrick of the temple still , but the * dii tutelares are gone . but this is not all the case , that is , that the law now ceaseth to aid and defend us in our rights , for then possession alone were a good title , if there were no law to take it away : occupanti concederetur , & melior esset possidentis conditio : but this , though too bad , is not the worst : for besides that which is privative in these opinions , there is somewhat positive . for now the law doth not onely not defend us , but the law , it self , ( by temporizing judges and lawyers ) is made the instrument of taking all away . for whensoever * his majesty or his successors , shall be pleased to say , that the good and safety of the kingdome is concerned , and that the whole kingdome is in danger , the when , and how the same is to be prevented , makes our persons and all we have liable to bare will and pleasure . by this meanes , the sanctuary is turned into a shambles ; the forts are not slighted , that so they might neither do us good or hurt ; but they are held against us by those who ought to have held them for us , and the mouth of our own canon is turned upon our own selves : ( and that by our own military officers , souldiers and others since , as well as the ship money judges then . ) thus far master oliver st. john ( by the commons order ) whose words i thought fit thus to transcribe at large , because not only most pertinent , but seasonable for the present times ; wherein as in a looking glasse , some pretended judges and grandees , of these present and late p●st times , may behold their own faces and deformities ; and the whole nation their sad condition under them . in the residue of that printed speech , he compares the treason of the ship-money judges , and of sir robert tresylium and his complices in the 11 of r. 2. ( condemned , executed for traitors by judgment in parliament , for endeavouring to subvert the laws and statutes of the realm by their illegall opinions , then delivered to king richard at nottingham castle , not out of conspiracy , but for fear of death , and corporall torments , wherewith they were menaced : ) whose offence he makes transcendent to theirs in * six particulars , as those who please may there read at leasure , being over large to transcribe . i could here inform you , that the fundamentall laws of our nation , are the same in the body politique of the realm , as the arteries , nerves , veines , are in , and to the natural body , the bark to the tree ; the foundation to the house : and therefore the cutting of them a sunder , or their subversion , must of necessity , kill , destroy , disjoyn and ruine the whole realm at once : wherefore it must be treason in the highest degree . but i shall onely subjoyn here some materiall passages , in master st. johns argument at law , concerning the attainder of high treason of thomas earle of strafford , before a committee of both houses of parliament in westminster hall , aprill 29. 1641. soon after printed and published by order of the commons house : wherein p. 8. he lays down this position ; recited again , p. 64. that ( straffords ) endeavouring , to subvert the fundamentall lawes and government of england and ireland , and instead therefore to introduce a tyrannicall government against law , is treason by the common law. that treasons at the common law are not taken away by the statutes of 25. e. 3. 1 h. 4. c. 10. 1 mar. c. 1. nor any of them . the authorities , judgements , in and out of parliament , which he cites to prove it , have been already mentioned , some others he omitted ; i shall therefore but transcribe his reasons to evince it to be treason , superadded to those alledged by him against the ship mony judges . page 12. it is a war against the king ( let our military officers and souldiers consider it ) when intended . for alteration of the laws or government in any part of them . this is a levying war against the king ( and so treason within the statute of 25. e. 3. ) 1. because the king doth maintain and protect the laws in every part of them . 2. because they are the kings laws : he is the fountain from whence in their severall channels , they are derived to the subject . whence all our indictments run thus : trespasses laid to be done , contra pacem domini regis , &c. against the kings peace for exorbitant offences ; though not intended against the kings person ; against the king , his crown and dignity . page 64. in this i shall not labour at all to prove , that the endeavouring by words , counsels and actions , to subvert the fundamental laws and government of the kingdome , is treason at the common law. if there be any common law treasons at all left * nothing treason if this is not , to make a kingdome no kingdome . take the policy and government away , englands but a piece of earth , wherein so many men have their commerce and abode , without rank or distinction of men , without property in any thing further than in possession ; no law to punish the murdering or robbing one another . page 70 , 71 , 72. the horridnesse of the offence in endeavouring to overthrow the laws and present government , hath been fully opened before . the parliament is the representation of the whole kingdome , wherein the king as head , your lordships as the more noble , and the commons , the other members are * knit together in one body politique . this dissolves the arteries and ligaments that hold the body together , the laws . he that takes away the laws , takes not away the allegiance of one subject only , but of the whole kingdome . it was made treason by the statute of 13 eliz. for her time to affirm , that the law of the realm do not binde the descent of the crown . no law , no descent at all , no laws no peerage , no ranks nor degrees of men , the same condition to all . it s treason to kill a judge upon the bench ; this kills not judicem , sed judicium . there be twelve men , but no law ; never a judge amongst them . it s felony to embezell any one of the judiciall records of the kingdome : this at once sweeps them all away and from all. it s teason to counterfeit a twenty shilling peice ; here 's a * counterfeiting of the law : we can call neither the counterfeit nor the true coyn our own . it s treason to counterfeit the great seal for an acre of land : no property is left hereby to any land at all : nothing treason now , against king or kingdome ; no law to pvnish it . my lords , if the question were asked in westminster hall , whether this were a crime punishable in the star chamber , or in the kings bench , by fine or imprisonment ? they would say , it were higher . if whether felony ? they would say , that is an offence onely against the life or goods of some one , or few persons . it would i believe be answered by the jvdges , as it was by the chief justice thirning , in the 21 r. 2. that though he could not judge the case treason there before him , yet if he were a peer in parliament ; he would so adjudge it . ( and so the peers did here in straffords , and not long after in canterburies case , who both lost their heads on tower-hill . ) i have transcribed these pass●ges of mr. oliver s. john at large for five reasons . 1. because they were the voice and sence of the whole house of commons by his mouth ; who afterwards owned and ratified them by their special order , for their publication in print , for information and satisfaction of the whole nation , and terrour of all others , who should after that , either secretly or openly , by fraud or force , directly or indirectly , attempt the subversion of all , or any of our fundamental laws or liberties , or the alteration of our fundamental government , or setting up any arbitrary or tyrannical power , taxes , impositions , or new kinds of arbitrary judicatories , and imprisonments against these our laws and liberties . 2. to minde and inform all such who have not onely equalled , but transcended strafford and canterbury in these their high treasons , even since these publications , speeches , and their exemplary executions , of the hainousnesse , in excusablenesse , wilfulnesse , maliciousnesse , capitalnesse of their crimes ; which not onely the whole parliament in generality , but many of themselves , in particular , so severely prosecuted , condemned , and inexorably punished of late years in them : that so they may sadly consider , bewail , repent , reform them with all speed and diligence , as much as in them lies . and with all , i shall exhort them seriously to consider that gospel terrifying passage , ( if they have not quite sinned away all conscience , shame , christianity , religion and fear of the last judge , and judgement to come ) rom. 2. 1 , 2 , 3. therefore thou art inexcusable o man , whosoever thou art that judgest ; for wherein thou judgest another , thou condemnest thy self , for thov that judgest doest thov the same thing . but we are sure that the judgment of god is according to truth , against them who commit such things . and thinkest thou this , o man , that judgest them which do such things ; and doest the same , that thou shalt escape the judgment of god ? 3. to excite all lawyers ( especially such , who of late times have taken upon them the stile & power of judges ) to examine their consciences , actions , how far , all or any of them have been guilty , in the highest degree of these crimes and treasons , so highly aggravated , so exemplarily punished of former and later times , in corrupt , cowardly time-serving , degenerate lawyers , and judasses , rather than judges ; to the disgrace of their profession , ( now generally spoken against ) their own dishonour , infamy , reproach , the scandall of religion , which some of them have eminently professed : the prejudice and subversion of the fundamentall laws , liberties , rights , priviledges of our nation , peers , parliaments , and of the ancient fundamental government of this famous kingdome , whereof they are members : and that contrary to some of their own late judgments , sciences , consciences , votes , printed arguments , speeches , declarations , against others , even in and out of parliament ? and their own first charges in their circuits , repugnant to their later . 4. to instruct those jesuited anabaptists , levellers , and their factors , ( especially john canne , and the rest of the compilers , publishers , abetters of the pamphlet intituled , leiutenant colonel john lilburn , tried and east ; and other forementioned publications : ) who professedly set themselves by words , writings , counsels and overt acts to subvert both our old fundamentall ( with all other ) laws , liberties , customs , parliaments , and government , what transcendent malefactors , traitors , and enemies they are to the publique , and what capital punishments they may incurre , as well as d●merit , should they be legally prosecuted for the same ; and thereupon to advise them timely to repent of , and d●sist from such high treasonable attempts . 5. to clear both my self and this my seasonable defence of our fundamental laws , liberties , government , from the least suspition or shadow of faction , sedition , treason and emnity to the publique peace , weal , settlement of the nation , which those , ( and those onely ) who are most factious , and seditious , and the greatest enemies , traitors to the publique tranquility , weal , laws , liberties , government , and establishment of our kingdome ( as the premises evidence ) will be ready maliciously to asperse both me and it with , as they have done heretofore some other of my writings of this nature , with all which , they must first brand mr. st. john , mr. pym , the whole house of commons , the two last , with all other parliaments forecited , and themselves too ( from which they are so much changed and degenerated of late years ) ere they can accuse , traduce , or censure me ; who do but barely relate , apply their words and judgments in their purest times , without malice or partiality , for the whole kingdomes benefit ; security , and resettlement . to these punctual full juries of records and parliament authorities in point , i could accumulate sr. edward cook his 3. institutes , p. 9. printed and authorised by the house of commons speciall order , the last parliament . the severall speeches of m. hide , m. waller , m. pierpoint , and m. hollis , july 6. 1641. at the lords bar in parliament , by order of the commons house , at the impeachment of the shipmony judges of high treason , printed in diurnal occurrences , and speeches in parliament , london , 1641. p. 237 , to 264. m. samuel browns argument at law before the lords and commons at canterburies attainder , all manifesting , their endeavouring to subvert the fundamentall laws and government of the realm , to be high treason ; with sundry other printed authorities to prove ; that we have , * fundamental laws , liberties , rights ; and a fundamental government likewise ; which ought not to be innovated , violated , or subverted upon any pretences whatsoever , by any power or prevailing faction . which fundamental rights , liberties , laws , sr. thomas fairfax , and the army under his command , by their declaration of june 14. 1647. particularly promise and engage , to assert & vindicate against all arbitray power , violence , oppression , and against all particular parties or interests whatsoever , which they may doe well to remember and make good . but to avoid prolixity ( the double jury of irrefragable and punctuall authorities already produced being sufficient to satisfie the most obstinate opposites formerly contradicting it ) i shall onely adde three swaying authorities more , wherewith i shall conclude this point . the first , is a very late one , in a treatise , intituled , a * true state of the common wealth of england , scotland , and ireland , and the dominions thereunto belonging , in reference to the late established government by a lord protector and a parliament . it being the judgement of diverse persons , who throughout these late troubles , have approved themselves * faithfull to the cause and interest of god , and their country : presented to the publike , for the satisfaction of others . printed at london , 1654. who relating the miscarriages of the last assembly at westminster ( elected , nominated by the censurers of them , the army officers onely , not the people ) use these expressions of them , page 13 , 14 , 16 , 17 , 21 , 22. but on the contrary , it so fell out in a short time , that there appeared many in this assembly of very contrary principles to the interest aforesaid , which led them violently on to attempt and promote many things , the consequence whereof would have been , a subverting of the fundamentall laws of the land , the destruction of property , and an utter extinguishment of the gospel . in truth their principles led them to a pulling down all and establising nothing . so that instead of the expected settlement , they were running into further anarchy and confusion . as to the laws and civil rights of the nation , nothing would serve them , but a totall eradication of the old , and introduction of a new : and so the good old laws of england ( the guardians of our laws and fortunes ) established with prudence , and confirmed by the experience of many ages and generations : ( the preservation whereof , was a * principall ground of our late quarrell with the king ) having been once abolished , what could we have expected afterwards , but an inthroning of arbitrary power in the seat of judicature , and an exposing of our lives , our estates , our liberties , and all that is dear unto us , as a sacrifice to the boundlesse appetite of meer will and power , &c. things being at this passe , and the house ( through these proceedings ) * perfectly disjointed , it was in vain to look for a settlement of this nation from them , thus constituted : but on the contrary , nothing else could be expected ; but that the common-wealth should sink under their hands , and the great cause hitherto so happily upheld and maintained , to be for ever lost , through their preposterous management of these affairs , wherewith they had been intrusted . whereupon they justifie their dissolution , and turning them forcibly out of doores by the souldiers , with shame and infamy ; to prevent that destruction , which thereby was coming on the whole land , by this new powder treason plot , set on foot by the jesuites and anabaptists , to destroy our laws , liberties , properties , ministers , and religion it self , at one blow , and that in the very parliament house , ( where some destroyed and blowed up kings , peers and parliaments themselves , as well as lawes and parliament priviledges of late years ) where they had been constantly defended , vindicated , preserved , established in all former ages , by all trve english parliaments . the second is , * the votes of the house of commons , concerning a paper presented to them , entituled , an agreement of the people for a firm & present peace , upon grounds of common right , 9. november 1647 , viz. resolved upon the question , that the matters contained in these papers , are destructive to the being of parliaments , and to the fundamental government of this kingdom . resolved ; &c. that a letter be sent to the general , and those papers inclosed , together with the vote of this house upon them ; and that he be desired to examine the proceedings of this business in the army ( where it was first coyned ) and return an accompt hereof to this house . these votes were seconded soon after with these ensuing votes , entred in the commons journal , and printed by their special order , 23 novemb. 1647. a petition directed to the supream authority of england , the commons in parliament assembled , the humble petition of many free-born people of england , &c. was read the first and second time . resolved upon the question , that this petition is , a seditious and contemptuous avowing , and prosecution of a former petition , and paper annexed , stiled , an agreement of the people , formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that thomas prince cheese-monger , and samuel chidley , bee forthwith committed prisoners to the prison of the gate-house , there to remain prisoners during the pleasure of this house , for a seditious avowing , and prosecution of a former petition and paper annexed , stiled , an agreement of the people ; formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that jeremy ives , thomas taylor , and william larnar , bee forth-with committed to the prison of newgate , there to remain prisoners during the pleasure of this house , for a seditious and contemptuous avowing , and prosecution of a former petition and paper annexed , stiled , an agreement of the people ; formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that a letter be prepared and sent to the general ; taking notice of his proceeding in the execution ( according to the rules of warre ) of a mutinous person ( avowing , and prosecuting this agreement in the army contrary to these votes ) at the rendezvous near ware , and to give him thanks for it ; and to desire him to prosecute that business to the bottome , and to bring such guilty persons as he shall think fit , to condign and exemplary punishment . resolved , &c. that the votes upon the petition and agreement annexed , and likewise the votes upon this petition , be forth-with printed and published . after which , by a special ordinance of both houses of parliament , 17 decemb. 1647. no person whatsoever , who had contrived , plotted , prosecuted , or entred into that engagement , intituled , the agreement of the people , declared to bee destructive to the being of parliaments , and fundamental government of the kingdom ; for one whole year was to be elected , chosen , or put into the office , or place of lord mayor , or alderman , sheriff , deputy of a ward , or common counselman of the city of london , or to have a voyce in the election of any such officers . all these particulars , with the capital proceedings against white , and others who fomented this agreement in the army , abundantly evidence the verity of my foresaid proposition , and the extraordinary guilt of those members and souldiers , who contrary to their own votes , ordinances , proceedings , and censures of others , have since prosecuted this , the like , or far worse agreement , to the destruction of our ancient parliaments , and their priviledges , and of the fundamental government , laws , and liberty of our nation : which i wish they would now sadly lay to heart , with that saying of augustine , approved by all sorts of divines , and a casuists ; non remittitur peccatum , nisi restituatur ablatu●● , & sciendum est , quod restitutio est in pristinum statum positio . the third , is the memorable statutes of 3 jacobi , c. 1 , 2 , 4. & 5. which relating the old gunpowder treason of the jesuits and papists , and their infernal , inhuman , barbarous , detestable plot , to blow up the king , queen , prince , lords , commons , and the whole house of peers with gunpowder , when they should have been assembled in parliament , in the upper house of parliament , upon the fifth of november , in the year of our lord , 1605. do aggravate the hainousness and transcendency thereof , by this circumstance , that it was ( as some of the principal conspirators confessed ) purposely devised and concluded to be done in the said house , that where sundry necessary and religious laws , for preservation of the church and state , were made , ( which they falsly and slanderously termed , cruel laws enacted against them , and their religion ) both place and persons should be all destroyed and blown up at once ; and by these dangerous consequences , if it had not been miraculously prevented , but taken effect ; that it would have turned to the utter ruine , overthrow , and subversion of the whole state and common-wealth of this flourishing and renowned kingdom , of gods true religion therein established by law , and of our laws and government . for which horrid treason , they were all attainted , * and then executed as traytors , and some of their heads , quarters , set upon the parliament house for terrour of others . even so let all other traytors , conspirators against , all blowers up , and subverters of our fundamental laws , liberties , government , kings , parliaments , and religion , treading presumptuously in their jesuitical footsteps , perish , o lord , * but let all them who cordially love , and strenuously maintain them against all conspirators , traytors , underminers , invaders whatsoever , be as the sun when hee goeth forth in his might ; that the land may have rest , peace , settlement again , for as many years at least , as it had before our late innovations , warres , confusions , by their restitution and re-establishment . chap. 2. having thus sufficiently proved , that the kingdom , and freemen of england , have some antient hereditary rights , liberties , franchises , privileges , customs , properly called fundamental , as likewise a fundamental government , no ways to bee altered , undermined , subverted , directly or indirectly , under the guilt and pain of high treason in those who attempt it , especially by fraud , force , or armed power . i shall in the second place present you in brief propositions , a summary of the chiefest and most considerable of them , which our prudent ancestors in former ages , and our latest real parliaments , have both declared to be , and eagerly contested for , as fundamental , and essential to their very being , and well being , as a free people , kingdom , republick , unwilling to be enslaved under any yorkes of tyranny , or arbitrary power : that so the whole nation may the more perspicuously know and discern them , the more strenuously contend for them , the more vigilantly watch against their violations , underminings in any kinde , by any powers or pretences whatsoever , and transmit , perpetuate them intirely to their posterities , as their best and chiefest inheritance . i shall comprise the sum and substance of them all in these ten propositions , beginning with the subjects property , which hath been most frequently , universally invaded , assaulted , undermined by our kings , and their evil instruments heretofore , and others since , and thereupon more strenuously , frequently , vigilantly maintained , fenced , regained , retained by our nobles , parliaments , and the people in all ages ( till of late years ) than any or all of the rest put together , though every of them hath been constantly defended , maintained , when impugned , or incroached upon , by our ancestors , and our selves . 1 that * no tax , tallage , aid , subsidy , custom , contribution , loan , imposition , excise , or other assesment whatsoever , for defence of the realm by land or sea , or any other publick , ordinary , or extraordinary occasion , may or ought bee imposed , or leavied upon all or any of the freemen of england , by reason of any pretended or real danger , necessity , or other pretext , by the kings of england , or any other powers , but only with and by their common consent and grant , in a free and lawful english parliament duly summoned and elected ; except only such antient , legal ayds , as they are specially obliged to render by their tenures , charters , contracts , and the common law of england . 2 that * no free-man of england ought to bee arrested , confined , imprisoned , or in any private castles , or remote unusual prisons , under souldiers , or other guardians , but only in usual or common gaols , under sworn responsible goalers , in the county where he lives , or is apprehended , and where his friends may freely visit and releeve him with necessaries ; and that only for some just and legal cause expressed in the writ , warrant , or process , by which he is arrested or imprisoned ; which ought to be legally executed , by known , legal , responsible sworn officers of justice , not unknown military officers , troopers , or other illegal catchpolls ; that no such free-man ought to bee denied bail , mainprise , or the benefit of an habe as corpus , or any other legal writ for his enlargement , when bailable or mainprizable by law ; nor to be detained prisoner for any real or pretended crime , not bailable by law longer than until the * next general or special gaol-delivery , held in the county where he is imprisoned ; when and where he ought to be legally tried and proceeded against , or else enlarged by the justices , without denial or delay of right and justice . and that no such free-man may , or ought to be out-lawed , exiled , condemned to any kinde of corporal punishment , loss of life or member , or otherwise destroyed or passed upon , but only by due and lawful process , indictment , and the lawful trial , verdict , and judgement of his peers , according to the good old law of the land , in some usual court of publick justice ; not by and in new illegal military , or other arbitrary judicatories , committees , or courts of high justice , unknown to our ancestors . 3 that the ordinary * standing militia , force , and arms of the kingdom , ought to reside in the nobility , gentry , freeholders , and trained bands of the kingdom , not in mercenary officers and souldiers , receiving pay , and contributions from the people ; more apt to oppress , inslave , betray , than protect their laws , liberties , and to protract than end their warres and taxes . that no free-men of england , unless it bee by special grant and act of parliament , may or ought to be compelled , enforced , pressed , or arrayed to go forth of his own county ( much less out of the realm into forreign parts ) against his will , in times of warre or peace ; or except he be specially obliged thereto by antient tenures and charters , save only upon the sudden coming of strange enemies into the realm ; and then he is to array himself only in such sort , as he is bonnd to do by the ancient laws and customs of the kingdom still in force . 4 that no a free-man of england may , or ought to be disinherited , disseised , dispossessed , or deprived of any inheritance , free-hold , office , liberty , custom , franchise , chattles , goods , whatsoever , without his own gift , grant , or free consent , unless it be by lawful processe , trial , and judgement of his peers , or special grant by act of parliament ; nor to be denied or delayed common right or justice in any case . 5 that the old received government , laws , statutes , customs , priviledges , courts of justice , legal processe of the kingdom , and crown , ought not to be altered , repealed , suppressed in any sort ; nor any new form of government , law , statute , ordinance , court of judicatury , writ● , or legal proceedings , instituted , or imposed on all , or any of the free-men of england , by any person or persons , but only in and by the b kingdoms , peoples free and full precedent consent in a lawful parliament , wherein the legislative power solely resides . 6 that parliaments ought to be duly summoned , and held , for the good and safety of the kingdom , every year , or every three years at least , or so soon as there is just occasion . that the election of all knights , citizens , and burgesses , to sit and serve in parliament ( and so of all other elective officers ) ought to be free . that c all members of parliament hereditary or elective , ought to be present , and there freely to speak and vote according to their judgements and consciences , without any over-awing guards to terrifie them ; and none to be forced , sequestered , or secluded thence by force or fraud . that all parliaments not thus duly and freely summoned , elected , freely held , but unduly packed , without due elections , or by forcible secluding , securing any of the members , or not summoning all of them to the parliament , and all acts of parliament fraudulently , or forcibly procured by indirect means d , ought to be nulled , repealed , reputed voyd , and of dangerous president . 7 that neither the * kings , nor any subjects of the kingdom of england , may or ought to be summoned before any forreign powers or jurisdictions whatsoever out of the realm , or within the same , for any manner of right , inheritance , thing belonging to them , or offence done by them within the realm , nor tried , nor judged by them . 8 that all subjects of the realm are e obliged by allegiance , oaths , and duty to defend their lawful kings persons , crowns , the laws , rights , and priviledges of the realm , and of parliament , against all usurpers , traytors , violence , and conspiracies . and that no subject of this realm , who according to his duty , and allegiance , shall serve his king in his warres , for the just defence of him and the land , against forreign enemies or rebels , shall lose or forfeit any thing for doing his true duty , service , and allegiance to him therein ; but utterly be discharged of all vexation , trouble , or losse . 9 that no publick warre by land or sea ought to be made or leavied , with , or against any forreign nation : nor any publick truce or league entred into with forreign realms or states , to binde the nation , without their common advice and consent in parliament . 10 that the kings of england , or others , cannot grant away , alien , or subject the crown , kingdom , or antient crown lands of england to any other , without their nobles and kingdoms full and free consent in parliament . that the antient honours , manors , lands , rents , revenues , inheritances , rights , and perquisits of the crown of england , originally setled thereon for the ●ase and exemption of the people from all kind of taxes , payments whatsoever ( unlesse in case of extraordinary necessity ) and for defraying all the constant , ordinary expences of the kingdome ( as the expences of the kings houshold , court , officers , judges , ambassadors , guard , garrisons , navy and the like ) ought not to be sold , alienated , given away or granted from it , to the prejudice of the crown , and burdenning of the people . and that all sales , alienations , gifts , or grants thereof , to the empairing of the publique revenue , or prejudice of the crown and people , are void in law , and ought to be resumed , and repealed by our parliaments and kings , as they have * freqeuntly been in all former ages . for the readers fuller satisfaction in each of these propositions ( some of which i must in the ensuing chapter but briefly touch for brevity sake , having elsewhere fully debated them in print , ) i shall especially recommend unto him the perusall of such tractates , and arguments formerly published , wherein each of them hath been fully discussed , which hee may peruse at his best leasure . the first of these fundamentalls , ( which i intend principally to insist on ) is fully asserted , debated , confirmed by 13. h. 4. f. 14. by fortescue lord chief justice , and chancellor of england , de laudibus legum angliae , dedicated by him to king henry the 6. f. 25. c. 36. by a learned and necessary argument against impositions in the parliament of 7. jacobi : by a late reverend judge , printed at london 1641. by mr. william hakewell , in his liberty of the subject against impositions , maintained in an argument in the parliament of 7 jacobi , printed at london 1641. by judge crooks and judge huttons . arguments concerning ship-mony , both printed at london 1641. by the case of ship-mony briefly discussed . london 1640. by m. st. johns argument and speech against ship-mony , printed at london 1641. by sir edward cook in his 2 institutes p. 46. and 57. to 64. and 528 to 537. by the first and second remonstrance of the lords & commons in parliament . against the commission of array . exact collection p. 386. to 398. and 850. to 890. and by my own humble remonstrance against ship-mony , london 1643. the fourth part of the sovereign power of parliaments and kingdomes , p. 14. to 26. my legall vindication of the liberties of england , against illegall taxes &c. london 1649. and by the records and statutes cited in the ensuing chapter , referring for the most part to the first proposition . the second , third , and fourth of them , are largely debated and confirmed by a conference desired by the lords , and had by a committee of both houses , concerning the rights and priviledges of the subject , 3 aprilis 4 caroli , printed at london 1642. by sir edward cook in his institutes on magna charta , c. 29. p. 45. to 57. by the first & second remonstrance of the lords and commons against the commission of array , exact collection p. 386. and 850. to 890. by judge crooks , and judge huttons arguments against ship-mony . by sir robert cotton his posthuma p. 222. to 269. by my breviate of the prelates encroachments on the kings prerogative , and the subjects liberties , p. 138. my new discovery of the prelates tyranny , p. 137. to 183. and some of the ensuing statutes , and records , ch . 3. see 1 h. 4. rot parl. n. 22 , 23 , 24 , 26 , 28 , 43 , 44 ▪ 47. the fift and sixt of them , are fully cleared , vindicated in and by the prologues of all our councills , statutes , laws , before and since the conquest . by 1. h. 4. rot. parl. n. 33 , 34 , 36. ( an excellent full president . ) sir edward cooks 4 institutes , ch . 1. mr. cromptons iurisdiction of courts , title high court of parliament . mr. st. johns speech against the ship-mony judges , p. 32 , 33. my plea for the lords ; my levellers levelled ; my ardua regni ; my epistle before my speech in parliament ; my memento , my sovereign power of parliaments and kingdomes , part . 1 , 2 , 3 , 4. my legal vindication against illegal taxes , and pretended acts of parliament , london 1649. prynnethe member , reconciled to prynne the bar●ester , printed the same year . my historical collection of the ancient great councils and parliaments of england , london 1649. my truth triumphing over falshood , antiquity over novel●y , london 1645. 3 e. 1. c. 5 , 4 e. 3. c. 14. 36 e. 3. c. 10. 1 h. 4. c. 3 , 4. 5 r. 2. stat. 2. c. 4. rastal tit . parliament . 1 h. 4. rot. parl. n. 21. 22. 48. 70. 31 h. 6. c. 1. 39 h. 6. c. 1. rot. parl. n. 8. 17 e. 4. c. 7. expresse in point , and some of the records hereafter transcribed . in this i shall be more sparing , because so fully confirmed in these and other treatises . the seventh , is ratified by sir edward cooks 1. institutes p. 97 ▪ 98. 4 institutes p. 89. and 5. report cawdries case , of the kings ecclesiasticall laws , rastals abridgement of statutes , tit , provisors , praemunire , rome , and other records and statutes in the ensuing chapter . the eight , is verified by the statutes quoted in the margin to it , and by other records in the third chapter . the ninth and tenth , are fully debated in my soveraign power of parliaments and kingdomes , par . 2. p. 3. to 34. part . 4. p. 1. to 13. and 162. to 170. touched in sir robert cottons posthuma , p. 174. 179. confirmed by sundry presidents in the next chapter . & by 1 h. 4. rot. parl. n 32. how all and every of these fundamentall liberties , rights , franchises , laws , have been unparalledly violated , subverted , in all and every particular , of late years , beyond all presidents in the worst of former ages , even by their greatest pretended propugners , their own printed edicts , instruments , ordinances , papers , together with their illegall oppressions , taxes , excises , imposts , sequestrations , rapines , violences , unjust proceedings of all kinds , will sufficiently evidence , if compared with the premised propositions . not to insist on any fore-past illegall imposts , taxes , excises , under which the nation lately groaned , imposed on us by unparliamentary junctoes , or the army officers alone from anno 1648 to 1653. without any real parliament by their own armed iurisdiction . i shall here instance onyl in 3. or 4 particulars , relating wholly to the first proposition , being of most generall , greatest present and future concernment of all other to the whole english nation , at this very instant most intollerably oppressed , grieved by them ; directly sweeping away all their fundamentall right of property , and consequentially all their liberty of person , laws , charters , at once , and that in perpetuity , beyond all hopes of future redemption , if not timely prevented by the vniversality , body of the realm , or their trustees . the first of them is , the present imposition , and continuance of the strange , oppressive , monstrous , general high tax of excise , imposed on most native and forreign commodities throughout england , and its dominions ; which as it was a meer stranger to all our ancestors , and those now living , till within these few years ; so it was no sooner projected by some evil malignant jesuited counsellers about the late king , but it was a presently condemned , and crushed in the very shell , when first intended to be set on foot in england by king charls , ( with the advise and consent of his privie council at white-hall ) by a commission under the great seal of england , dated the last of february , 3 caroli , issued to thirty three lords of his majesties privie council and others : which authorized , commanded them to raise monies by impositions or otherwise , as they in their wisdoms should finde most convenient ; and that only for these publike uses , the defence of the king , kingdom , people , and of the kings friends and allies beyond the seas , then in such imminent danger , that without extreamest hazard of the king , kingdom , people , kings friends and allies , it could admit of no longer delay . in which inevitable necessity , form and circumstance must rather be dispenced with than the substance lost . the commissioners being thereupon specially injoyned , to be diligent in the service , and not fail therein , as they tender his majesties honour , and the safety of the king and people . this commission was no sooner discovered , but it was presently complained of by the whole commons house , in the parliament , of 3 caroli , and upon conference with the lords it was immediately voted , adjudged by both houses , without one dissenting voyce , to bee ( ex diamethro ) against law , and contrary to the petition of right ; after which , it was cancelled as such in the kings own presence , by his consent , order , and then sent cancelled to both houses , for their satisfaction , before ever it was put in execution , and all warrants for , and memorials of it cancelled , damned , destroyed ; the commons further urging , that the projector thereof might be found out by strict inquiry , and exemplarily pvnished ( as the parliament journal attests ) notwithstanding all the specious pretences , of inevitable necessity , imminent danger , and the defence , safety of the whole kingdom , people , king , and his forreign protestant friends and allies ( then in greater real danger , than any now appearing ) this original parliamentary doom , judgement against that new monster of excise , was ratified , approved , pressed by both houses of parliament , in the cases of ship-money , and the commission of array , as you may read at large in mr. oliver st. johns speech and declaration , delivered at a conference of both houses concerning ship-money , 14 january , 1640. ( printed by the commons order ) p. 13. to 20. and , the lords and commons second declaration against the commission of array . exact collection , p. 884 , 885. from which they then drew this positive conclusion ( fit to be now considered by our new governours , and the whole nation ) * that to defend the kingdom in time of imminent danger , is no sufficient cavse ( for the king and his council , much less then for those who condemned , suppressed them for tyrants , and oppressors of the people ) to lay any tax or charge upon the subjects without their consent in parliament . yea the whole house of commons was so zealous against this dutch devil of excise , that in their remonstrance of the state of the kingdom , 15 decemb , 1641. exact collection , p. 3 4 , 6. they expresly brand , censure , the first attempts to introduce it , for a malignant and perni●ious design , to subvert the fundamental laws and principles of government , upon which the justice of this kingdom was formerly established ; as proceeding from jesuited covnsels , being most active and prevailing ; yea , for an unjust and perniciovs attempt , to extort great payments from the subjects . which was to be accompanied ( as now it is ) with billited souldiers in all parts of the kingdom , and the concomitant of german ( as now of english ) horse , that the * land might either subject with fear , or be enforced with rigovr to such arbitrary contributions as shovld be reqvired of them . and when some rumours were first spread abroad , that the commons hovse intended to lay excise upon pew●er and other commodities ; they were so sensible of the injustice and odiousness thereof , that they thereupon published a special declaration , printed 8 octob. 1642. exact collection , p. 638. wherein they not only disclaim , renounce any such intention , but branded those reports and rumours , for false and scandalovs aspersions , raised and cast upon the house by malignant and ill-affected persons , tending much to the disservice of the parliament : and ordered , that the avthors of them should be inquired aftèr , apprehended , and brought to the house to receive condigne punishment . after which this excise being notwithstanding this disclaimer , and much publick , private opposition against it , set on foot by some swaying members ( upon a pretence of necessity for support of the army ) to the great oppression , and discontent of the people ; the generall and general council of officers and souldiers of the army themselves , were so sensible of this illegal oft-condemned new grievance , that in the heads of their proposals , and particulars of their desires , in order to the clearing and securing of the rights and liberties of the kingdom , tendred to the commissioners of parliament residing with the army , the first of august , 1647. ( printed in their book of declarations , p. 118 , & . published by their own , and the lords house special order ) they ●ade this one principall desire to the parliament ; that the excise may be taken off from such commodities , whereof the poor of the land do ordinarily * live , and a certain time to be limited for taking off the whole . yet notwithstanding all these judgements and out-cryes against it ; some of those very persons who thus publickly branded it , both in the parliament house and army ; by irregular paper ordinances ( as they intitle them ) dated 24 december , 1653. march 17. 1653. and may 4. 1654. have by their own self-derived supertranscendent authority , without , yea against the peoples consents , or any authority from parliament , imposed , continued excise upon our own inland , and forreign commodities , in very high proportions , from the twenty fourth of march 1654. till the twenty fourth of march 1655. and ( which is most observable ) prescribed it to bee levied , by putting the parties to an ( ex officio ) oath against themselves ; by fines , forfeitures , seqvestrations , and sales of the refusers , opposers , personal and real estates , disstresses , breaking up of the parties hovses , seisvres of their goods , imprisonment of the persons of all such who shall hinder or oppose the ministers , or officers imployed in levying , or distraining for the same , by locking up the doors , or otherwise . and by these their unparalleld edicts they further order , that the officers of excise , both day and night , shall be permitted free entrance into all roomes and places whatsoever they shall demand , in brewers , sope-boylers , and others houses , under pain of forfeiture of fifty pounds for every refusal ( by colour whereof all mens houses may be robbed , plundered , and their throats cut by theeves and robbers , pretending themselves excise-men , souldiers , authorised to make such searches , as many of late have been . ) and they with all their assistants shall bee kept indenspnified in all causes relating to the excise , from time to time , against all sutes or actions brought , or other molestations , against them by the parties grieved ; who are * usually fined , imprisoned , enforced to pay costs of sute , only for suing for relief ) yea ( which i cannot think of without horrour and amazement ) all covrts of justice of this common-wealth , and all judges and justices of the same , sherifs , covnsellors , atturnies , solicitors , and all other persons , are thereby expresly required , to conform themselves accordingly , ( in all things ) withovt any opposition or dispvte whatsoever ; as the precise words of their ordinance of 17 march , 1653. proclaim to all the nation . which declares further , that it is necessary to provide a continval svpply for the carrying on the weighty affairs of this common-wealth ovt of this revenve of excise . and do not these clauses , ( compared with the 27. & 29. articles of their instrument , ) clearly discover , a fixed resolution in these new legislators , to continue , and perpetuate upon the whole nation , this importable grievance of excise , from year to year , without intermission or end , to be leavied by the means aforesaid ? to hinder all and every the freemen of england , from endeavouring to free or exempt themselves , or their posterities from it hereafter , by any sute , action , habeas corpus , or other legal remedy in any court of justice whatsoever ? yea peremptorily , positively to prohibit , enjoyn all courts of justice , judges , justices , sheriffs , counsellours , atturnies , solicitors , with all other persons of this common-wealth , both for the present and future ages , to give them the least legal assistance , advice , or relief against the same , or against any officers , or assistants which shall forcibly l●a●ie it by distress , fines , imprisonnents , confiscation of goods , sequestrations , sales of their personal or real estates , or otherwise ? i appeal then ( in the behalf of all the freeborn people of england ) the souls and consciences of these new ordinance-makers , with all the executioners of them in any kinde , before all the tribunals of heaven and earth , whether they have not by these their dismal ordinances , more desperately , irrecoverably , totally , finally ( as much as in them lies ) undermined , subverted ; and quite blown up at once , all the foundations of our hereditary fundamentall properties , liberties , laws for eternity , and levelled them to the dust , then the worst of all our kings or former councill-tables ever did ? deprived the whole nation , and every particular free-man in it , of all future benefit of our laws , statutes and courts of justice , for their just relief against this intolerable oppression ; and thereby reduced us to the condition of the most slavish , captivated , fettered bond-slaves and conquered vassals under heaven , without any visible means or hopes of future enfranchisement , under a pretext of fighting for , maintaining , protecting , enlargeing our former properties and freedomes & to a more miserable , sordid , servile condition , than either we or our ancestors sustained under the worst of al our kings and their most pernicious counsellors ; who never in any age attempted , tither to make or impose such extravagant enslaving ordinances or excises , with such strange penalties , forfeitures , imprisonments , sequestrations , sales , & most unrighteous monstrous inhibitions of all legal suites , & means for cheirrelief in courts of justice , as they have done : king charles himself ( though condemned , beheaded by them for the worst of tyrants and oppressors ) permitting his subjects free liberty , to dispute the legality of fines for knight-hood , ship mony , tonnage , poundage , loanes , excise and other impositions not — only in his parliaments , ( where they were fully debated without restraint , and laws passed against them afterwards by his own royall assent thereto ) but likewise in all his other courts , where they were first brought in question . yet now in our n●w free state , under these greatest pretended patrons of our laws and liberties , all courts , judges , justices , and other officers must conform to these illegall impositions , and their tyrannicall waies of inforcement , without any opposition or dispute whatsoever ; and all counsellors , attornies , solicitors and others , must neither argue , nor advise , nor act . in any kinde against them . and is this the glorious old antient english liberty , freedome , property , law , and free course of justice , wee have spent so many millions of treasure , so many years of publique consultations , warres , prayers , fasts , tears , and such oceans of precious christian protestant english blood , inviolably to maintain and perpetuate to posterity ? if any free-born english men whatsoever dare publikely averre it , let them do it at the perill of their infamy , execration in all future ages , yea of their own heads and souls . if they cannot but now absolutely disavow it , let them with shame and indignation disclaim , renounce such illegall ordinances , excises , as most detestable both to god and all true-born english free men . the 2 is , the present continuing impositions of customes tonnage and poundage upon goods , merchandizes imported and exported , without any grant thereof by parliament , by a new printed paper , entituled , an ordinance of march , 23 1653. thus peremptorily imposing them without any prologue or inducement to satisfy the people either in equity or justice , much lesse in their legality in respect of those who thus impose them for sundry years yet to come . be it ordained by his highness , the lord protector , with the advise and consent of the councell , that one act of parliament ( though no * act at all by any known laws , statutes , law-books , records , customes or constitutions of the realm , bu● a meer nullity ) entituled , an act for the continuation of the customes , until the 26 of march , 1653 , and all clauses and powers therein contained are , and are hereby continued , and shall and do stand in full force untill the 26 day of march in the year of our lord 1658. &c. by which these new legislators , by their own inherent superlative power , presume to impose this tax upon the whole nation , ( without any grant in parliament ) for full 5 years space , not only contrary to the * presidents in all former kings raigns , who never claimed nor received it , but by speciall grant in parliament ; but likewise contrary to this memorable remonstrance , made by the whole house of commons in the parliament of 3 caroli , ( never yet printed to my knowledge . ) most gracious soveraign , your majesties most loyall and dutifull subjects , ( the commons in this present parliament assembled , ) being in nothing more carefull than of the honour and prosperity , of your majesty and the kingdome , ) which they know doth much depend upon that union and relation betwixt your majesty and your people ) do with much sorrow apprehend , that by reason of the incertainty of their continuance together , the unexpected interruptions which have been cast upon them , and the shortness of time in which your majesty hath determined to end this session ; they cannot bring to maturity and perfection divers businesses of weight , which they have taken into their consideration and resolution , as most important for the common good . amongst other things , they have taken into especiall care the preparing of a bill for the granting to your majesty such a subsidy of tonnage and poundage , as might uphold your profit and revenue , in as ample manner as their just care and respect of trade ( wherein not only the prosperity , but even the life of the kingdom doth consist ) would permit . but being a work which will require much time and preparation , by conference with your majesties officers , and with the merchants , not only of london , but of other remote parts ; they finde it not possible to bee accomplished at this time ; wherefore considering it will be much more prejudicial to the right of the subject , if your majesty should continue to receive the same without authority of law , after the determination of a session , then if there had been a recess by adjournment only ( in which case that intended grant would have related to the first day of the parliament ) and assuring themselves , that your majesty is resolved to observe that your royal answer , which you have made to the petition of right of both houses of parliament ; yet doubting lest your majesty may be mis-informed concerning this particular case , as if you might continue to take those subsidies of tonnage and poundage , and other impositions of merchants without breaking that answer ; they are forced , by that duty which they owe to your majesty , and to those whom they represent , to declare , that there ovght not any imposition to be laid vpon the goods of merchants exported or imported withovt common consent by act of parliament , which is the right and inheritance of yovr svbjects , fovnded not only vpon the most antient and original constitvtion of this kingdom , but often confirmed and declared in divers sta●vte laws ? and for the better manifestation thereof , may it please your majesty to understand , that although your royal predecessors , the kings of this realm have often had such subsidies , and impositions granted unto them upon divers occasions , especially for the guarding of the seas , and safeguard of merchants , yet the subjects have been ever careful to use such cautions and limitations in those grants , as might prevent any claim to be made , that such subsidies do proceed from duty , and not from the free gift of the subject , and that they have heretofore limited a time in such grants , and for the most part but short , as for a year , or two ; and if it were continued longer , they have sometimes directed a certain space of resensation or intermission , that so the right of the subject might be more evident . at other times it hath been granted upon occasion of warre for certain numbers of years , with proviso , that if the warre were ended in the mean time , then the grant should cease . and of course it hath been sequestred into the hands of some subjects to bee imployed for guarding of the coasts ; and it is acknowledged by the ordinary answers of your majesties predecessors , in their assents to the bills of subsidy of tonnage and poundage , that it is of the nature of other subsidies , proceeding from the good will of the subject . very few of your predecessors had it for life , until the reign of henry 7. * who was so farre from conceiving he had any right thereunto , that although he granted commissions for collecting certain duties and customs due by law , yet he made no commission for receiving the subsidy of tunnage and poundage , until the same was granted to him in parliament . since his time , all the kings and queens of this realm have had the like grants for life , by the free love and good will of the subject ; and whensoever the people have been grieved by laying any impositions or other charges upon their goods and merchandizes without authority of law , ( which hath been very seldome ) yet upon complaint in parliament they have been forthwith releeved , saving in the time of your royall father , who having through ill counsel raised the rates of merchandizes to that height at which they now are , yet he was pleased so farre to yee●d to the complaint of his people , as to offer , that if the value of these impositions which he had set , might be made good unto him , he would bind himself , and his heirs by act of parliament , never to lay any other ; which offer the commons at that time , in regard of the great burthen , did not think fit to yeeld unto . nevertheless your loyal commons in this parliament , out of their especial zeal to your service , and special regard of your pressing occasions , have taken into their considerations ; so to frame a grant of subsidy of tunnage and poundage to your majesty , that both you might have been better enabled for the defence of your realm , and your subjects by being secure from all undue charges , be the more encouraged cheerfully to proceed in their course of trade ; by the encrease whereof your majesties profit , and likewise the strength of the kingdom would be very much augmented . but not being now able to accomplish this their desire , there is no * course left unto them without manifest breach of their duty , both to your majesty and their country , save only to make this humble declaration , that the receiving of tonnage and povndage , and other impositions not granted by parliament , is a breach of the fvndamental liberties of this kingdom , and contrary to yovr majesties royal answer to the said petition of right ; and therefore they do most humbly beseech your majesty to forbear any further receiving of the same , * and not to take it in ill part from those of your majesties loving subjects , who shall refvse to make paiment of any svch charges withovt warrant of law demanded . and as by this forbearance , your most excellent majesty shall manifest unto the world your royal justice in the observation of yovr laws ; so they doubt not hereafter , at the time appointed for their coming again , they shall have occasion to express their great desire to advance your majesties honovr and profit , the king dissolving this parliament on a sudden , and continuing to take tonnage and poundage by his royal prerogative without any act of parliament , sundry a merchants upon the commons remonstrance , refused to pay the same ; whereupon their goods were seised : of which they complaining in parliament , 16 caroli , were voted full reparations against the customers , with dammages for the same . and to prevent the kings claim thereunto by right ; with all future demands and collections thereof from the subject without grant in parliament , they declared and enacted by three special acts of parliament 16 , & 17 , caroli , that it is and hath been the antient right of the svbjects of this realm ; that no subsidy , cvstome , impost , or other charges whatsoever ovght or may be laid or imposed upon any merchandise exported or imported by subjects , denizens or aliens , withovt common consent in parliament , and that if any customer , controller , or any other officer , or person , should take or receive , or cause to bee taken or received the said subsidy , or any other impost upon any merchandize whatsoever , exported or imported , except the same be due , by grant in parliament , shall incur the penalties and forfeitures of a premvnire , to the which the king gave his royal assent . and to prevent any future prescription thereunto by the king , they discontinued it for some time , and then granted it specially from month to month , or some short space with sundry limitations , and the penalty of a premvnire if otherwise received , by several new acts of parliament , to which the king gave his assent . these acts the king himself in his proclamation of the sixteenth of december , in the eighteenth year of his reign , stiles , the fences of the svbjects property , received from vs , and understood by vs , as one of the greatest graces the crown ever conferred on the svbject ; and by that proclamation , he prohibited all his subjects , both the paiment and receipt of any monies for customs , or other maritine duties , contrary to this act , by any ordinance of both houses of parliament ; under pain of a premunire , and of being likewise proceeded against as ill-affected persons to the peace of the kingdome . whereupon the lords and commons in their answer to this proclamation ; though they declared ; that the intent and meaning of that penall clause of a praemvnire and other forfeitures ( in these new statutes , which likewise disable every person , customer , officers who should take or receive , or cause to be taken or received any such subsidy or imposition upon any merchandize , during his life , to sue or implead any persons , in any action reall , mixt or personal in any court whatsoever , ) was only to restrain the crown , from imposing any duty or payment on the subjects , without their consent in parliament : and that it was not intended to extend to any case whereunto the lords and commons give their assent in parliament ( which they never did to this new white-hall ordinance , nor the pretended act recited in it , therefore the imposers and receivers of it by vertue thereof , without such assent in parliament , are within the penalties of the aforesaid statutes : ) yet to avoid the danger of a praemunire in their officers , by exacting it only by an ordinance of both houses , without a speciall act of parliament ; they did by their first * ordinances , impose and demand customes , tonnage poundage and new imposts , not as a legal duty , but only by way of loane , til the act of parliament for their future continuance should be assented to by the king : as their declaration of 31 december 1642. and their ordinance of the same date , concerning the subsidy of tonnage and poundage attest . by what coulor of law , iustice , right , this antient birth-right of all english subjects , so lately declared by three acts of parliament , to which most of our late and present white-hall grandees were parties , comes to bee lost and forfeited by our contests to preserve it ; or how the customes , imposts of tonnage , and poundage , can bee now imposed , continued on , or exacted from the subjects by any powers , officers , or persons whatsoever , and levied by severest penalties , forfeitures , imprisonments , seisures , by pretext of this white-hal ordinance , ( though no waies granted by common consent and act of parliament , ) without incurring a praemunire ; and forementioned penalties , disabilities ; or without subverting the fundamental liberty , property , franchises , laws , statutes of the whole english nation , in a farre higher degree then ever in former ages , i cannot yet discern ; and all our new governours , merchants , customers , officers and other persons , who have any cordial affection , love , zeal to their own or the peoples hereditary rights and priviledges , may do well to demurre in law upon it , till they can satisfy their own and other mens consciences therein , to prevent the dangerous consequences of such an ill president to posterity . in the parliament of 1 h. 4. rot . parl. n. 32 , 33 , 34 , 36. these were the principall articles of impreachment exhibited against king richard the second ; for which hee was forced to depose himself , as unfit to govern , and resign up his crown to king henry the fourth . * that whereas the king of england out of the profits of the realm , and the patrimony belonging to his crown , might live honestly without oppression of his people , so as the kingdome were not burdened with the extraordinary expences of warre , that this king during the truces between the realm and the adversaries thereof ; gave and squandered away a great part of the crown-lands to unworthy persons , and thereupon exacted almost every year , so many taxes and grants of ayde from his subjects of the realm , that hee thereby greatly and too excessively oppressed his people , to the impoverishing of his realm . that the same king being unwilling to keep and defend the just laws and customes of his realm , and to do according to his pleasure , whatsoever should suite with his desires , frequently when the laws of his realm were expounded and declared to him by the justices and others of his council , who requested him to administer justice according to those laws , said expresly with an austere and frownning countenance , that the laws were his more suo , after his own maner ; and sometimes , that they were in his own breast , and that hee alone could alter and make the laws of his realm , and being seduced with this opinion , he permitted not justice to be done to very many of his leige people , but compelled very many to cease from the prosecution of common justice . that when as afterwards in his parliament certain statutes were made , which might always bind , till they were specially repealed by another parliament , the same king desiring to enjoy so great liberty , that none of these statutes might so binde him , but that he might execute and do according to the pleasure of his own will , which hee could not do of right ; subtilly procured such a petition to be presented to him in his parliament , in the behalf of the commons of his realm , and to be granted to him in the general ; that he might be so free as any of his progenitors were before him . by colour of which petition and grant , he frequently did , and commanded to bee done , many things contrary to the said statvtes not repealed , going against them expresly , and wittingly , against his oath at his coronation . that although by the statutes and customs of his realm , in the summoning of every parliament , his people in every county of the realm ought to be free , to elect and depute knights for the said counties to sit 〈◊〉 parliament , both to receive their grievances , and to prosecvte remedies thereupon , as it shall seem expedient to them ; yet the said king , that he might in his parliament be able to obtain the effect of his rash will , frequently directed his mandates to his sheriffs , that they should cause to come to his parliament certain persons named by the king himself , as knights of the shire ; which knights verily favouring the said king , he might easily enduce , as he frequently did , sometimes by divers threats and terrors , and sometimes by gifts , to consent to those things which were very prejvdicial to the realm , and very bvrdensome to the people ; and specially , to grant to the said king a subsidy for certain years , to the oppressing of his people overmuch . that although the lands and tenements , goods and chattels of every freeman , by the laws of the realm used in all former ages past , ought not to be seized , unless they had forfeited ; yet notwithstanding , the said king purposing & endeavouring to enervate these laws , in the presence of very many of the lords and commons of this realm frequently said and affirmed , that the life , lands , tenements , goods and chattles of every one of his subjects , are at his will and pleasure , without any forfeiture ( by the known laws ) which is altogether contrary to the laws & customs of the realm aforesaid . whether all these high misdemeanors charged against king richard , have not been revived , and acted over and over both by words and deeds in a farre higher degree than ever he was guilty of them , by some late , present whitehall grandees , army-officers , new instrument-makers , legitors , and imposers of excises , customs , imposts , tonnage , poundage , contributions for many years yet to come ; and of that constant annual revenue projected , intended by them in their 27 article : i remit to their own judgements , consciences , and our whole kingdom to resolve , and what they demerit for such extravagant high offences , for which he lost crown and regal power , let others determine . the 3. particular , is their late incumbent imposition of 6. moneths new contribution , by a meer self-enacted whitchall jurisdiction , without any consent , grant , in or by the people in parliament , by that they intitle , an ordinance of the 8. of ●une 1654. beginning thus ( in a most imperial stile , transcending all former acts of parliament , granting or imposing any subsidies ) without any prologue to sweeten it , or court the people to its ready payment . be it ordained and enacted by his highness the lord protector ▪ with the consent of his council , and it is hereby ordained , that towards the maintenance of the armies and navies of this commonwealth an assessement of one hundred and twenty thousand pounds per mensem for three monethe , commencing the 24 of iune , 1654 and ending the 29 of sept. following , shall be taxed , levied , collected and paid in england and wales in such sort as is hereafter expressed . the full sum of the said three months assessment of one hundred and twenty thousand pounds by the month , to be at once wholly collected and paid in to the receivers generall at or before the tenth day of october next , &c. the levying thereof upon the refusers hath been by distress of goods by souldiers , troopers , and quartering them on the refusers till payment , and double the value many times paid to , and exacted by the souldiers for their pains ; adjudged ( even by some of our new grandees votes who prescribe such taxes and wayes of levying them ) to be no less then high treason , and levying warre in * straffords case , for which principally he was condemned , and lost his head on tower hill , as a traytor . in this new whitehall tax without a parliament ( intended as a leading president to bind the whole nation in perpetuity , if now submitted to , as the 27 article intimates ) there is a double violation , subversion of the fundamental laws and properties of the nation in the highest degree . the first , is by the reviving , imposing of * ship-mony on the whole realm , and all inland counties , as well as maritine , for the maintenance of the navies by sea , ( which should be maintained only by the customs ) and that in a farre higher proportion than the shipmony imposed by writs by our late beheaded king ; amounting to no less than forty thousand pounds per mensem at last , by way of contribution alone , besides the customs , tonnage , poundage and excise paid towards it . this imposition of shipmony , by the late king , ( though ratified with the advise and consent of his council , many colourable presidents , records in all former ages , and the precedent resolution of all his iudges , under their hands , as just , and legally imposed in case of necessity and publike danger only , without consent in parliament ) together with the iudgement and proceedings of the iudges in the eschequer chamber in justification thereof , were in the last parliament , after solemne debate , by the * votes and iudgements of both houses , on the 20. ian. and 26 february , resolved ( nemine contradicent● ) to be contrary to the laws and statutes of this realm , contrary to the rights and properties of the subjects of this realm , contrary to former iudgements in parliament , contrary to the great charter and to the petition of right : and voted to be so declared by the iudges at the assizes in the severall counties ; the same to be entred and inrolled in the severall counties by the clerks of the assises . after which , it was for ever damned by a special act of parliament , to which the king himself gave his royal assent , ( afterwards cited and enforced by both houses . exact collection p. 886. 887. in the case of the array . ) and those iudges who argued , that the king might lawfully impose shipmony on the subjects , without a parliament in cases of danger and necessity , of which they affirmed him to be the sole iudge ; were by all impeached by the house of commons of high treason , for these opinions of theirs ; whereby they trayterously and wickedly endeavoured to subvert the fundamental laws and established government of the realm of england , and instead thereof to set up an arbitrary and tyrannical government against law ; of which at large * before . how any present powers or persons then , can either impose , justify , levy , enforce it upon any pretext of necessity , or publique danger , on the whole nation , after all these late resolutions , iudgements , votes , impeachments , and a special act of parliament so fresh in memory ( especially such who were parties to them ) without incurring the self-same impeachments and guilt , as these ship-mony iudges did , or a severer censure then they sustained , let their own conscsences , and those who may on● day prove their iudges , resolve them at leasure , being past my skill to doe it ? the 2. is , by the imposing of a direct heavy tax , tallage , and monthly contr●bution , and that only ( for the maintenance of such a land army , which hath offered force unto the members of both houses , subverted , destroyed that parliament , government , laws , libertie , for whose preservation they were specially raised , commissioned , engaged ) without , yea against the peoples assent in parliament : which no king of england , with the advice and consent of his council , had ever any right or power to doe , or audacity enough to attempt , no not william the conqueror , c●nute , henry the 4th . edward the 4th . or henry the 7th , who came principally by power of the sword , to their soveraign regall authorities . by what justice , power , legal right , any other person or persons whatsoever , who are neither rightfull kings , nor parliaments of england in their own or others repute , can either impose , levy , exact such extravagant heavy taxes , contributions , from the exhausted free-born people of england , ( especially being now pretended new free state , ) against all our fundamental lawes , statutes , franchises , charters , properties , liberties , records , parliamentary iudgements , their own late remonstrances , declarations , votes , the presidents of all former ages , yea of all our kings coming in by the sword to their thrones , let the imposers of them seriously advise , as they will answer it at their utmost peril to god , men , and the whole english nation ; who expected better things from them , even a total final exemption from all such illegal burthens , after all their late wars , agonies , expences , to redeem and preserve their lawes , liberties , estates , properties , posterities , from such exorbitant oppressions , diametrically contrary to all the forecited iudgements . resolutions , remonstrances , statutes , votes , presidents , and sundry others , which i shall hereafter insist on in the third chapter of this treatise to which i must refer you : and shall we not then adventure a distresse , a prison , quartering upon , or any other duresse , yea death it self , rather than volutarily submit our selves and posterities backs thereto , when as we spend our bloods , lives , treasures , against lesser , easier , royal impositions ? how shall we answer it to god , men , or our enslaved posterities , if we now most safely , unworthily submit thereto in perpe●uity , without the least legal , strenuous , publick oppression or debate of its legality . if any here allege ( as some men do ) in iustification of these three , ( or rather four ) forecited kinds of illegal universal taxes , imposed , levied , on the whole nation , without consent of parliament ; that they are all warranted by the instrument of the new gevernment , article 27 , 28 , 29. that a constant yearly revenue shall be raised , setled and established , for maintaining ten thousand horse and dragoons , and twenty thousand foot in england , scotland , and ireland for the defence and security thereof , and also for a convenient number of ships for guarding the seas , besides two hundred thousand pounds per annum , for defraying other necessary charges , for administration of iustice , and other expences of the government , which revenue shall be raised by the customes , and such other ways and means which shall be agreed u●o● . by the lord protector and council and shall not be taken away , or diminished , nor the way agreed upon for the raising of the same altered , but by consent of the lord protector and the parliament . that the said yearly revenue shall be paid into the publick treasury , and issued out for the uses aforesaid . that in case there shall not because hereafter to keep up so great a defence at land or sea , but that there be an abatement made thereof ; the mony which shall be saved thereby , shall remain in banke for the publick service , &c. ; all which they , in the true state of the case of the common-wealth , p. 43 , 44 , commend , for a most excellent provision , a co●stant revenue , a publike bank or treasury upon all occasions &c. , which they intend to perpetuate on the whole kingdom , without end or abatement , as well in times of peace , safety , as of war and danger . therefore the protector and his counsell at whitehall in pursuance hereof , may lawfully impose ( by vertue of these articles ) both excise , customs , tonnage , poundage , ship-money and contributions , for these ends upon our three whole kingdoms and all the freeborn english by printed ordinances of their own , in what proportions , and for what time they please ( yea and for perpetuity ) without consent or grant in parliaments , and restrain all future parliaments , both from taking away , or diminishing them , or altering the way agreed on for their raising , without their protectors consent thereto ; ( as the expresse words run , and their practise yet expounds them : ) notwithstanding all former laws , statutes , charters , resolutions , iudgements , remonstrances , oathes , vowes , declarations , presidents ) either in or out of parliament ) to the contrary . to this i answer , first , that i cannot but stand amazed to hear any army-officers , souldiers , lawyers , or persons in present trust or power , who bear the name or hearts of english freemen , saints , christians , lovers , patriots or protectors of their native country of england , its parliaments , laws , and liberties , to make such a stupendious irrational objection , as this , which justifies all the exorbitant opinions , proceedings , taxes , oppressions , impositions , of our late beheaded king , strafford , canterbury , the ship-money iudges , old whitehall council table , yea all our other former kings , and their evil counsellors most irregular exaction of mony in all ages from brute till now ; and will render the very worst of all our kings , if compared with our late and present tax-masters , and pretended assertors of our liberties , rather good , gracious , just , righteous , princes , benefactors , than tyrants or oppressors , for the future , seeing they never out of parliament imposed , enforced on their subjects any such heavy , various , perpetual taxes , imposts , excises , ordinances , or new articles of the government● , as these forecited . 2ly . this objection ( if admitted just or solid ) gives a private cabinet ●uncto , of obscure persons ( yet unknown by name unto our nation ) a superlative , super-parliamentall authority , to contrive and set on foot , a new devised instrument , to undermine and blow up all our former fundamental laws , customs , great charters , liberties , franchises , properties , parliaments , former frame of government at one crake , after all our late bloody , costly contestations for their preservation , both in the supream courts of publick iustice , and fields of war , without our privities or consents thereto , either in or out of parliament , contrary to all their and our protestations , oathes , covenants , commissions , trusts , promises , pretences ; and instead of english freemen ( as we were before these contests and wars ) to strip us quite naked of all our former freedoms , liberties , properties , customs , rights , derived to us from our noble ancestors , as the purchas of their dearest blood & render us & our posterities for the future , the most absolute issachars , vassals , slaves under heaven , inthralled to all sorts of intollerable , illegal , unpresidented , incessant , endlesse taxes of all kinds , without hopes of alteration or mitigation by any future parliaments , ( without their protectors or his successors voluntary consents , which they cannot expect ) and to a constant standing mercenary army of horse and foot , by land , and navies of hirelings by sea , to keep us and ours in perpetual bondage under such new irregular successive tax-masters ; who must elect their successors like themselves . 3ly . all our former antient laws , statutes , parliaments till now , in all changes , revolutions of state or government , ever constantly asserted , maintained , provided , * that no tax , tallage , custom , contribution , impost , subsidy , charge , excise , loan or payment whatsoever , should be imposed on the freemen of england , without their common consent and grant , in full , free , lawfull english parliaments ; and if any were imposed otherwise by any power or pretext whatsoever out of parliament , that it was null , and void to all intents , to bind the people . but these monstrous articles quite turn the scales ; impowring a few private persons ( neither elected nor intru●ted by the people for such ends ) by colour of this ill tuned instrument ( contrived privatly by themselves alone , as most conjecture , for their own self-interests ) to impose perpetuall imposts , excises , customes , contributions of all kinds , on our whole three kingdoms and nations , which neither they , nor their parliaments ( though never so grievous , extravagant , unreasonable or oppressive ) shall have power to take away , diminish , alter , or regulate in the forecited illegall , oppressing , violent wayes of levying them , unless their grand soveraign lord protector , shall first give his consent thereto ; ( which they cannot expect , nor enforce , ) and in cale of his refusall , they are utterly left remediless ; he having thirty thousand armed mercenary horse and foot in severall quarters by land , and a strong numerous . navy by sea at his command , to keep them under endless tributes to him and his successors for ever . o england , england , ( to omit scotland and ireland ) consider seriously , and timely , to what a blessed liberty , and long-expected freedome , this new invented instrument and the irish harp , lately quartered with the english bloody cross , as our free-state arms , hath now at last reduced thee , if these objected articles must remain inviolable , maugre all our laws , statutes , &c. to the contrary ; as our new tax-masters and their instruments , both literally and practically conclude , unlesse you use your uttermost , lawfull , present , diligent , joynt endeavours to prevent it 〈…〉 4ly , the whole house of commons , yea some who were parties to this instrument , lately impeached and with the lords ●ouse , by judgement of parliament condemned , beheaded the * earl of strafford , and archbishop of canterbury , as guilty of high treason ; in subverting our fundamental lawes , liberties , and setting up an arbitrary tyrannical government ; for resolving at the councel table , before-hand , to assist the king to raise monies on the subjects to carry on the warres against the scots , by extraordinary wayes , in case the parliament should prove peevish , and refuse to grant such subsidies as they demanded of them . and for straffords affirming , that ireland was a conquered nation , and that the king might do with them what he pleased : that they were a conquered nation , and were to expect lawes as from a conqueror . and that he would make an act of councel board in that kingdom of ireland , as binding as an act of parliament . and do not the objectors , contrivers of this new instrument articles , and those who now vigorously put it in execution in any kind ( as too many do ; ) speak out , and do as much , as bad , as they in each of these particulars ; nay farre more and worse ? do not they ( after the late violent breaches of our former parliaments , and their own junctoes by the army ) raise monies in more vast proportions , by more irregular , violent , extraordinary wayes , by longer continued taxes , excises , impositions , and constant yearly revenues , then they ever did or designed , quite out of parliament , by their own arrogated legislative tax-imposing power ? do not they by this very instrument , proclaim to all the world , that not only ireland and scotland , but england it self , is now a meer conquered nation ? that thereupon they may do with us what th●y please ; and we must not only expect , but receive lawes from them as conquerors ; having already published whole volumes of new-laws and ordinances of all sorts at their new-erected councel board ( which the old never did ) and made them as binding , not only to ireland , but england and scotland too , as an act of parliament ? yea farre more binding than any parliament acts , by binding the hands , power of future parliaments themselves , and our three whole nations ( as aforesaid ) and that in perpetuity ( which no * parliaments , nor acts of parliament can do ) and by repealing , nulling all our former fundamental laws , charters , liberties , free government made by parliaments , with our very parliaments themselves ? and if so , let the objectors now seriously consider both the treasonableness , unparliamentalness , sad consequences of this objection , and what ill effects it may produce in present or future ages . 5ly , the statutes of 25 e. 1. c. 2. & 42 e. 3. c : 2. yet in force , declare all judgements given or to be given by the justices , or any other , contrary to the points of the great charter , to * be void and holden for nought : and if any statute be made to the contrary , it shall be holden for none . therefore these instrument articles , and paper ordinances made by colour of them , in direct opposition to , and subversion of the points of the great charter , and all other acts for their confirmation , must needs be holden for nought and void to all intents , to bind this whole free-born nation , or any one freeman of england in particular . 6. if these articles and instrument ( for the premised reasons , and defect of legal power in the yet unknown instrument-makers ) be not void in law , to all intents and purposes , as all wise men repute them ; yet other clauses , and articles of this very instrument , ( admit it valid and obligatory to our nations ) give a fatal blow to all the forementioned excises , impositions , contributions by colour thereof , and to the objected articles . first the prologue to the oath , at the close thereof , proclaims the government setled by it , to be such , as by the blessing of god might be lasting , secure property , and answer the great ends of religion and libertie , so long contended for : but these articles ( as the objection and premises evidence ) do no wayes secure , but utterly subvert all property , in the highest degree ; and answer not , but eternally frustrate , abolish , the great ends of our religion ( condemning all illegal , unrighteous taxes and * tyrannical , usurping , oppressing arbitrary powers ) but especially of our liberties , so long contended for ; and are rather likely to raise new troubles and unsettlements , than make the government lasting ( as many late presidents , with those ancient ones in dr. beard his theatre of gods judgements , l. 2. c. 36. to 42. may perswade us : ) therefore it must be exploded , as repugnant to the whole scope of the instrument . 2. the 6. article of it is fatall and destructive to the objected articles ; viz : that the laws shall not be altered , suspended , abrogated , or repealed , nor any new law made , nor any tax , charge , or imposition laid upon the people , but by common consent in parliament . save only , as is expressed in the 30th article ( not 27. ) now these objected 27 , 28 , 29 articles , being diametrically contrary to every word , clause of this 6 article , and agreeable to our fundamental laws ( which the last clause of the oath obligeth their protector and his successors to maintain , and to govern the people by ) which laws must be all * altered , suspended , abrogated , repealed by these articles alone , if reputed valid ; in giving power to them , to impose any tax , charge , imposition upon the people , without common consent in parliament ; and being not within the saving of this , or the 30th article , must needs be void and repealed by this very sixt article , and the oath it self . 3. the 30th article following them , diametrically contradicts , repeals them in these words . that the raising of money for defraying the charges of present extraordinary forces both by land and sea , in respect of the present warrs , shall be by consent of parliament : save only , that the lord protector , with the consent of the major part of the councel , for preventing the disorders and dangers which may otherwise fall out both at sea and land , shall have power until the meeting of the first parliament ( on the 3. september 1654. ) to raise monies for the purposes aforesaid . the former part of this article is consonant to , and expounded by the 6. forecited , which is more generall : and the plain sense thereof is this . that all monies raised for defraying the extraordinary forces both by land and sea ( exceeding the antient standing garrisons , guards maintained by the old constant revenues of the crown , without any tax upon the people ) shall be by consent of parliament . therefore a fortiori ; all perpetual standing taxes , excises , contributions to maintain the ordinary and extraordinary forces by land or sea , and ordinary expences of the government ( which , in respect of their constancy , permanency , are far more grievous , dangerous to the subject than rare extraordinary ones upon emergent occasions ) must and ought not to be imposed by their new created power out of parliament , after the 3 of september . it any here object ; that the latter clause of the 30 article save only , &c. authorized those at whitehall , without a parliament , to impose excises , taxes , customs , ( impositions , contributions forementioned , and any other constant annual revenue they shall settle , according to the 27 article ; so as it be done before september 3. 1654. therefore they are all lawfull , because imposed before that time by their printed ordinances forecited . i answer , 1. that this saving , is utterly void in law , to all intents , 1. because it is not only contrary to all our fundamental laws , great charters , statutes , but repugnant to the body of the 6 article , and first part of the 30 ▪ to which it is annexed . 2. because it assigns the legislative tax-imposing power ( the inseparable incommunicable iurisdiction of our parliaments alone ) to a new whitehall councel , by a void instrument made out of parliament for a certain time , which biggest soveraign power , the parliament it self neither legally may , nor can , nor ought to transfer by any ordinance or . act of parliament to any committee of their own members , no not for a moment , as is both resolved and declared by act of parliament . 1 h. 4. c. 3. and rot. parl. 1 h. 4. n. 26 , 48 , 6 6 , 70. 31 h. 8. c. 8. 34 h. 8. c. 23. and 1. e. 6. c. 12. it being derogatory and destructive to the free state power , rights of parliaments , tending to the great incommodity of the whole realm , and of pernicious example to posterity , as the whole parliament of 1. h. 4 long since resolved in positive termes . 2ly . this saving is just like the popes old * detestable non obstante , at the close of their bulls ; quae omnem subvertit praehabitam justitiam , which subverted all the justice and privileges granted before to any in the body of those bulls ; and as pernicious as that * proviso , which the house of lords desired at first , to have inserted into the petition of right , which would have made it felo de se , because it insinuated that the king by his soveraign power where with the law had intrusted him , for the protection , safety , and happinesse of his people might impose any aid , tax , tallage , or charge upon his people without a parliament , though by his ordinary power he could not do it . which had left the subjects in worse case than it found them , and wholly destructive to it self in all the parts thereof : whereupon after a conference had concerning it by the commons , it was totally rejected by both houses ; as this salvo must be for the self same reason . 3ly . admit it valid ; yet it gives power to them to raise moneys for the maintenance by land and sea , only until september 3. 1654. and no longer ; as is evident by the very words themselves ; and the confession , exposition , ( of those who made the instrument , as most suppose ) in their , true state of the case of the commonwealth of england , &c. 1654. p. 39. 40. in these words this power is to continue only til the sitting of the next parliament . yea george smith in his new treatise , intituled , gods unchangeablenesse , &c. ( in justification of the present governour and government ) p. 54. writes thus ; and for his seeking to have power to make laws , and raise mon●ys , it is meer calumniation . he seeks it not , he claimes it not , but leaves it to the wisdom of parliament , as appears in artiole 6. ( as is thus excepted ) for and in cases of safety and necessity , till the time that this present parliament was assembled , and yet to be done by him with the advice of his council , so then he seeks not the strength nor treasure of the nation , nor to have it in his own power . therefore they can impose no taxes , excises , nor contributions by their printed ordinances to continue after its beginning ; nor by any future ordinances ( as they term them ) after that time . now the first tax of excise , forementioned , is imposed till the 26 of march 1655 which is 7 months after the 3 of september 1654. the 2 of customs , tonnage and poundage , is continued til the 26 of march 1658 , which is 3 years and 7 months after this 3 of september . and the 3 for the 6 months contribution reacheth till the 29 of december 1654 , which is near full 4 months after the first sitting of that their next parliament : and any constant yearly revenue setled by them , will far exceed this limited time , and all former taxes : therefore all these premised , and all other future excises , customs , impost , contributions by pretended ordinances for their levying after the 3 of september , exceeding the power and time limited by this saving , must be void , and no ways warranted by the very saving it self , and to be opposed as such . 4ly . to say , that although these several impositions continue after the 3 of september 1654 , yet they were imposed by their printed ordinances before it ; therefore within this saving is a most absurd excuse and shift , repugnant to the words , yea wholly destructive to the 6 article , and first part of the 30 , for by this reason had their forecited ordinances ( or any other dormant or future antedated ones yet unpublished ) imposed excises , customs , tonnage , poundage , contributions on us for twenty , fifty , an hundred , or a thousand years yet to come , before the 3. of september , they must have been binding to us and our posterities , during all that space , and unavoidable by the people , or future parliaments , by this saving and exposition of it . but the words of this saving , giving only power to raise monies until the méeting of the first parliament ; not to make new edicts any time before it to impose and continue taxes for any time or years after it , ( which would have forestalled , affronted the next and all future parliaments in their proper work , of granting , regulating all future taxes ( according to the 6. and 30. articles ) and made them meer cyphers : ) clearly takes away this evasion ; with all their former and future whitehall impositions after the 3 of september ; as contrary both to their instrument and oath . 5ly , the words of the 30th article whereto this saving refers , are observable , that they shall have power until the meeting of the first parliament , to raise monies for defraying the charges of the extraordinary forces both at land and sea , in respect of the present wars : to which , for the purposes aforesaid , in the saving relates . but the present warres being many moneths since ended , both by land and sea , by the peace concluded with forreign nations : and so no need , nor use of extraordinary forces to be still continued by land or sea ; the ancient trayned bands and militia of the realm , being now well able to defend , secure us at their owne cost , without any mercenary forces , excises or contributions , only to pay them ; the power of raising monies in this saving , with the grounds thereof , are now at an end , as well as our warrs ; and the whole 27 article too : since the old standing militia , and trayned bands of the 3. nations , will be a sufficient safeguard to them , without our mercenary army or forces ; which * usually prove treacherous supplanters , usurpers ; oppressors to all who rely 〈◊〉 them ; whereupon our prudent ancesters , since 〈◊〉 gernes usurpation , * intrusted their militia and defence of the realm , only in the hands of the nobility , gentry , freeholders , and persons of best ability and estates , not in mercenary armies ( which supplanted the britons : ) and our warres now ceasing , the antient revenues , lands , customes of the crowne , and perquisits of the courts of justice , will be sufficient to defray all the ordinary expences of the government , navy , old standing garrisons , ( if continued , though useless ) officers of state and justice , as they did in * all former ages , and still ought to do , for the peoples ease and benefit . 6ly , it hath been the special policy , care of our prudent fore-fathers and wise a parliaments , never to grant any annual tax or charge ( except tonnage ●and poundage in some cases for a limited time ) for publike defence , unto their kings and governours ; nor usually to give them above subsidy , or one or two fifteens , or a single escuage , and sometimes not so much , in any one parliament , upon any extraordinary occasion or necessity , and that upon these grounds . 1. because * extraordinary aydes , ought to be granted only for , and proportioned to extraordinary , present , emergent necessities , visibly appearing ; which being not lasting , but momentany and various one from another , no standing certain contribution can or ought to be allotted for them , but only a temporary and mutable ; the ordinary setled crown revenues being sufficient to defray all ordinary expences , without other aydes . 2ly , to keep a perpetual tye upon their kings and governours , to summon frequent parliaments , and redre●s all their grievances in them , before they should receive any grant of new ayds or subsidies from them , to supply their publique necessities ; to preserve a power and right in parliaments to examine the grounds and present necessity of all taxes demanded : and to * take an accompt how former taxes , & the kings revenues had been disbursed , before they granted new ones : all which the granting of standing annual aydes for publique defence would frust●●e . 3ly , to prevent the encroaching of a constant charge and revenue on the people , which if granted but for years , life ; or but twice or thrice in the same kind and proportion , without alteration , though but as a free gift in parliament , would thereupon be claimed , exacted from them afterwards , as a meer just annual right and revenue , without their future grants , as danegeld , was by some of our kings of old ; imposts once granted , by edward the 3. and other kings heretofore ; and the customes of tonnage & poundage by king charles of late . 4ly , to avoid all unjust oppressions of the people by imposing on them more taxes at once than the present urgent necessities required . 5ly , to prevent the inhaunsing , doubling of taxes by any new dangerous presidents ; sir edward co●k observes in his 4 institutes , p. 33. that the commons never used to give above one temporary subsidie , and two fifteens , in any one parliament , and sometimes less ; till the parliament of 31 eliz. which gave 2. subsidies , and 4 fifteens ; upon which first breach of this old circle and usage , their taxes still increased afterwards by degrees ; for in 35 , & 39 eliz. they rose to 3. subsidies , and 6 fifteens : in 43 eliz. to 4 subsidies and 8 fifteens : in 21 jacobi to 3 subsidies , and 6 fifteens , in shorter time then had been before : in 3 caroli , to 5 subsidies in shortest time of all : and now of late , to constant annual imposts , excises , & endless monethly contributions , amounting to at least 3 subsidies every moneth . 6ly , because a standing extraordinary tax ( especially for years or life ) when once claimed or received as part of the publique revenue , would be hardly relinquished , or discontinued , without much contest , and danger ; as appears by danegeld of old , and tonnage , poundage , excise , monthly contributions of late imposed as of right upon us , by every new upstart power ; and when once customarily claimed , collected as a duty , will no ways ease nor exempt the people from new extraordinary aydes and taxes . this is evident by that memorable president concerning abby-lands , in king henry the 8 his reign , setled on him as a large annuall standing revenue , of purpose to defend the realm , and ease the people from all future aydes , by the parliaments of 27 h. 8. c. 28. 31 h. 8. c. 13. 32 h. 8. c. 14. yet were these lands no sooner setled on the crown for these ends , but in the same parliament of 32 h. 8. the king demanded and ●ad of his subjects , one extraordinary subsidy both of the clergy and laity ; and 34 h 8. c. 16 , 17. & 37 h. 8. c. 24. he demanded and had the like subsidy of them again : and his successors the like and greater subsidies every parliament since . the like we see in the case of tonnage and poundage , granted only for the defence of the seas and realm against forraign enemies & pirates : which no sooner taken by the late king , as a standing revenue of the crown , but he exacted and levied against law , a new annual tax of shipmony , to guard the seas , for which very use he received tonnage , poundage , and the ancient customes ; as our late governors did , and present do ; together with new imposts and excises ; and yet impose land rates of forty thousand pounds a month besides , to maintain the navy . to instance in one particular more : our late new governours made sale of all archbishops , bishops , deanes , chapters , delinquents , kings , queens , princes , and sequestred lands and goods , both in england , scotland , and ireland , one after another ; under pretext , to ease the people in , and of their heavy taxes : but what was the issue ? all their taxes , excises , and other impositions were still continuep on them , without any intermission or diminution , nay advanced higher than ever , to 120 thousand pounds contribution by the month for england , besides scotland and ireland , even whiles all these lands and goods were selling ; the lands and goods sold , consumed , without any publique accompt yet given of the monies , or their disposall ; or any present ease to the oppressed people : and the ordinary standing revenues of the realm being now by this meanes decayed , dissipated , and almost brought to nothing ; these new projectors and dissipators of this vast publique revenue ; instead of easing , by colour of this instrument , resolve to impose upon the undone , long-oppressed peoples gauled , broken backs and estates , such perpetual constant , annual taxes , excises , imposts , revenues as you have heard , for the maintenance both of the army , navy , administration of justice , and other ordinary expences of the government ; which no kings of england ever yet received , or pretended to . which if any future parliaments shall be so mad , or improvident once to settle , or the kingdom not unanimously to oppugne ; if setled by them without a parliament , instead of easing of the people of their long insupportable taxes , now their wars are ended ; in all succeeding parliaments , they shall still be burthened with new extraordinary taxes , upon new pretended extraordinary occasions , and forces raised ( as the words of the 30 article , compared with the 27 and 29 , declare ) as if this new constant revenue had never been setled ; and if our parliaments refuse to grant them , these new projecting tax-masters ( who must dispose of all the moneys in the intervals of parliaments ) will impose and levy them at their pleasure , by their supertranscendent usurped tyrannical power and sword men , and dispose of them as they please without a parliament , as they have already done , without rendring any other publick accompt to the people thereof , than hath hitherto been given to them of all the many millions of treasure already extorted from them of late years , to no other end ( as appears by these articles of our new government ) but now at last , to bring and keep them under perpetual endlesse taxes of all sorts , and the intollerable , worse than turkish slavery of a perpetual domineering mercenary army , navy , instead of long promised liberty , ease and exemption from them , till they are all brought to a morsel of bread , and till their private estates be utterly consumed , as well as the publick crown and church revenues , yet remaining . the lad and serious consideration of all which premises , i humbly submit to the impartial iudgements , consciences of our present governours , army officers , souldiers themselves , how discrepant they are from all their former printed deolarations ; protestations , promises , vowes , engagements to the people , and what they expected from them ; it was the speech of the scythian embassadours , to alexander the grand conquerour of the world , * nec servire ulli possumus , nec regnare desideramus . si deus es , tribuere mortalibus b●nificia debes , non sua eripere , sic homo●es , id qu●d es semper esse te cogita , stultum est eorum memintsse propter quae tui oblivisceris : let it be all heroick english freemens to our pretended conquerors ; who may do well to remember that hermolaus and other officers , and souldiers of alexanders own guard , conspired his destruction , after all his persian conquests , for this very reason , which they justified to his face , * quia non ut ingenuis imperare caepisti , sed quati in mancipia dominaris ; because he had begun not to raign over them as freemen , but to domineer over them like slaves ; and because revelaetions in this age , may be more prevalent with some men than gods own oracles , or our lawes ; i shall inform our tax-imposing governours ; that st. bridget of sweden in the 8 book of her * revelations of the heavenly emperour unto kings , cap. 6 records ; that she had this revelation from the son of god , that kings and governours ought to love the people and commonalty of their realms : that they then shew they truly love them , when they permit them to enjoy their approved laws and liberties ; when cruel exactors and collectors domineer not over them ; if they burthen them not with new inventions of impost , taxes , and tributes , nor with grievous and unaccustomed hospitality , permanencies or freequarter ; for although for the resisting of infidels they may humiliter petere auxilium a populo ; humbly request an aid from the people and commons of their realms ( not imperiously impose it ) when there is a necessity ; yet let them beware quod necessitas illa non veniat in consuetudinem & legem , that the necessity comes not into a custom and law : * for that king ( or ruler ) who layes not aside his unjust exactions , and fraudulent inventions to raise monies , and oppresse his people , making his reigns and kingdoms meer robberies and rapines , as most then did , and n●w too ) let him know for certain he shall not prosper in his doings , but shall lead and end his life in grief , dismisse his kingdoms in tribulations ; his son and posterity shall be in such hatred , reproach and confusion , that all men shall wonder thereat ; & his soul shall be tormented by the devils in hell : which she manifests by the * example of an unjust tax-imposing king , damned to hell , and there tormented by the devils : for that to retain the kingdom to himself , and defend it from invasions , he petended the antient revenues of his eschequer would not defray the expences of the government , and realms defence ; whereupon he devised certain new inventions , and fraudulent exactions of imposts , tributes , taxes , and imposed them on his kingdome , to the dammage of the natives , and oppression of innocent merchants and strangers ; although his conscience dictated to him , quod ista erant contra deum , et omnem iustitiam , et publicam honestatem : that these things were against god , and all iustice , and common honesty ; as our forementioned excises , imposts , taxes are now . let those who are now guilty of this sinne in the highest degree , beware they incurre not the self-same temporal and infernal punishments , thus threatned to and inflicted upon others . and let our whole english nation and their trustees , upon serious consideration of all the premises , beware how they in any kind , through fear or cowardise , submit their necks or backs to the forementioned illegal yokes and burdens , of perpetual standing excises , imposts , contributions , and taxes , to enslave themselves and their posterities for ever to an oppressing military new government , and perpetual army : for which end i shall only recommend unto their meditation and practise , this observation and policy of our prudent ancesters , * binus actus inducit consuetudinem ; that a double generall submission to , and payment of such exorbitant illegal taxes , will introduce a customary , future exaction and payment of them ; which made them always ( as we have greatest reason now to do ) peremptorily to withstand the firs , to prevent a second customary , future exaction and payment in like kind ; pursuing the poet ovids old sage counsel , wherewith i shall conclude this point . * principiis obsta : serò medicina paratur cum mala per longas invaluere moras , how transcendently all the other fundamental laws , liberties , rights of our english freeborn nation have by late and present governours and their instruments been infringed , subverted in an higher avowed degree than ever in former ages , by forcible tyrannical proceedings of all kindes , in breaking open mens houses , by armed souldiers , and other unsworn illegal officers , excise-men , sequestrators , both by day and night ; seising their persons , horses , armes , papers , writings ; ransacking their studies , truncks , cabinets , upon false surmises , suspicions ; close imprisoning their persons ( by multitudes ) without , before any examination , particular accusation , hearing , trial , in unusual places ; and some of them in remetest isles , garrisons under souldiers : their pressing of men for land and sea service , and carrying them away perforce by soldiers , troopers , officers , mariners , ( like so many prisoners ) out of their own counties and the realm , to unnatural , unchristian warrs , against their wills and consciences : their disinheriting many thousands of english freemen of all sorts , of their freeholds , lands , offices , fra●chises , honors , authorities ; spoyling them and theirs of theirs goods , chattles , estates , lives , in and by arbitrary committees , martial , & other extravagant courts of highest injustice : subverting , changing our ancient fundamental lawes , statutes , and enacting new without the peoples free consents in lawfull , english parliaments : altering the whole frame and constitution of our monarchy , government , and parliaments themselves : depriving the people of the free election of their parliament members , and other elective officers , contrary to our lawes , charters , usages ; securing , secluding the members of parliament themselves , by armed force ; dissolving parliaments by the sword alone , without writ or legall power , contrary to acts and privileges of parliament ; by erecting new legislative , tax-imposing , self-created powers , ( not elected by the people ) at whitehall and elsewhere , not to be paralleld in any age . by creating new-treasons contrary to the old ones , and the statute of 25 e. 3. and condemning , sequestring , imprisoning , executing english peers and freemen , only for their loyalty , duty to their lawfull soveraigns , and defence of the rights , privileges , liberties , laws of the kingdom , parliament , nation , according to their oathes , protestations , league , covenant , and gods own precepts , against the publique enemies , oppugners , vnderminers , subvertors of , and conspirators against them . by making publick wars at land and sea with our christian protestant brethren , and other nations ; and concluding leagues , truces without common consent or advice in parliament . by alienating , selling , giving , squandring away the ancient demesnes , lands , honours , rents , revenues , rights , inheritances of the crown of england , ( yea of scotland and ireland likewise ) to officers , souldiers of the army , and others , for pretended arrears , services , or inconsiderable values ; which should defray all the constant ordinary expences of the government , publique , state officers , embassadours , garrisons , navy , courts of the kingdom , and ease the people from all kind of taxes , payments , contributions whatsoever towards them ( except in extraordinary emergent cases and necessities in times of war , requiring extraordinary expences for their publique safety supplied by aydes and subsidies granted only by common consent in parliament only , and not otherwise ) which now must be wholly , or for the greatest part defrayed by the people alone , out of their own exhausted private estates , by endlesse taxes , excises , contributions ( as appears by the 27 , 28 , 29 , 30. articles of their new ill sounding instrument foreinsisted on ) whiles others , without right or legal title , enjoy the old standing demesnes , lands , rents , revenues and perquisites of the crown for their private advantage without any acts of resumption ( * usual in all former ages ) to keep the kingdom , nation from becoming bankrupts , and people from oppression ) which should ease the people of those intollerable constant burthens lately laid upon them , against all justice , law , conscience , and make insufferable wasts , and spoyles of the stately houses , timber , wood● , mines , forrests , parkes of the crown , without restraint , to the kingdoms extraordinary prejudice ; for which they ought to give an account and make full reparations , if the earl of devonshires case , cook 11 reports f. 89 ▪ 90 , 91 be law. and by sundry other particulars ( requiring whole baronian volumes , to recite and specifie to the full ; ) is so well known by dayly experience , and multitude of presidents fresh in memory , to our whole three nations , that i shall here no further insist upon them . all which experimentally confirm the truth of our saviours own words . iohn 10 , 1 , 10. verily , verily i say unto you , he that entreth not by the do●r into the sheepfold , but climbeth up some other way , the same is a theef and a robber ; the theef cometh not but steal and to kill , and to destroy , whatever his pretences be to the contrary . and this rule of johannes angelius wenderhagen : politiae synopticae , lib. 3. c. 9. sect . 11. p. 3. 10. hinc regulae loco notandum . quod omne regnum vi armata acquisitum in effectis subditos semper in durior is servatutis conditiones arripiat , licet a principio dulcedinem prurientibus spirare videatur ; ( which we now find most true , by sad , sensible experience ) ide● cunctis hoc cavendum , ne temere se seduci patiantur . finis . notes, typically marginal, from the original text notes for div a56162-e750 this epistle should have been printed before the first part ; but was omitted through hast . a see the several epistles of frederick the emperor against pope gegory the 9 , and innocent the 4 recorded by mat. paris , p. 332. to 693. sparsim . b see extra● de majoritate & obedientia : augustinus triumphus : bellarminus , becanu● , and others , de monarchia remani pontificis . hospinia● hist . jesui . l. 3 , & 4. * henricus de knighton , de eventibus angli ae , l. 2. c. 14 , 15. c see massaeus vegius & petrus ribadeniera in vita ignatii loyolae . heylins micracosme , p. 179. d see lewis owen his jesuites looking-glass , printed london 1629. the epistle to the reader , and p. 48 to 58. jubilaeum , sive speculum jesuiti●um , printed 1644. p. 307 to 213. hospinian hist . jesuitica , l. 2. * speculum jesuiticum . p. 210. see romes master-peice & conterburies doom , p. 435 , &c. hidde● works of darkness . 88 , 144. e mercure iesu●le , tom . 1. p. 67. speculum jesuitieum p. 1. 56. f see lewis owen his running register , & his jesuited looking glass . the anatomy of the english nunnery at lisbone . g de monarchia hispanica , p. 146 , 147 , 148 , 149 , 204 , 234 , 235 , 236 , 185 , 186. h see thomas campanella de monarchia hispaniae . watsons quodhbets , co●loni posthuma , p. 91. 10 107. cardinal de ossets letters . arcana imperii hispanici del●h . 1628. advice a tous les estat's de europe , touches les maximas fundamentales de government & diss●iennes espaginols , pa●is , 1625. i set my speccb in parliament , p. 107. ●o 119. and the history of independency . k exact coll●ction , p. 651 , 652 , 662 , 666 , 813 , 814 , 8●6 , 826 , 827 , 832 , 902 , 904 , to 920. a coll●ction of ordinances , p. 267 , 313 , 354 , 424. l see put●●y projects , the history of independ●ncy , and armies declarations , papers , proposals . printed together , london , 1647. * de monarchia hisp . c. 25 , 27. an excellent cove●y of 〈◊〉 stable , asonakle 〈◊〉 and 〈◊〉 . * no● 〈◊〉 date . * hospinian . hist . jesuit . l. 4. m quando eorum malitia hoc exigit & reipub. vel ecclesiae necessitas sic requirit . speculum jesuiticum , p. 168 , 169 , 170. mercure jesuite , part. 1. p. 884 , 885. alfonsi de vargas relatio . &c. ● . 55. n see thei● remonstrance from sl. albans , 16 nov. 1648 , and decem. 7. with other papers . * attributed to ●ne jesuite tresham . * see watsons q●●libets , p. 295. &c. * alphonsi de vargas relatio , &c. c. 55. spe●ulum jesuiticum , p. 162 , 163. * hospinian . hist . jesuitica , l. 3. o hist . gallica , & ●elgica , l. ● . p. 126. speculum jesuiticum p. 46. hospinian . hist . jesuitica , l. 3. ● . 159. p see speculum jesuiticum and the general history of france in h. 3. hospinian . hist . jesuitica , l. 3. f. 151 , 152. q speculum jesuiticum , p. 75. r see the general history of france in the life of henry 4. and lewis 13. speculum jesuiticum , p. 77 , 80 , 126 , 235. hospinian . hist . jesuitica , l. 3. p. 153 , to 158. * speculum jesuiticum , p. 80 , 81. hospinian . hist . jesuitica , l. 3. f. 156 , 157. * hospinian . hist . j●su . l. 3 ● . 157 , 158. * see the general history of france in hen. 4. and lewis 13. dr. john whites defence of the ●●●y , c. 10. p. 46. ſ see grimstons history of the netherlonds p. 764. thuanus l. 79. p. 186. speculum jesuiticum . p. 60 , 61. * de monarch . hisp . ● . 27. p. 258. * chron. belgiae tom. 1. p. 719. tom. 2. p. 97. meteranus l. 17. p. 575. hospinian . hist . jesuitica , l. 3. f. 205. t speculum jesuiticum , p. 127. v see speed and cambden in her life . bishop carletons thankful remembrance of gods mercy , london 1624. x hospinian . hist . jesuitica , speeds history , p. 1181. cambden , stow , holinshed in the life of queen elizabeth . speculum jesuiticum , p. 73. * see watsons quodlibets . y see speeds hist . p. 1240 , 1242 , 1243. john s●ow , and how ; 1 jac. z cook 3 in●●itutes , p. 7. and calvins case 7● report , f. 10 , 11. 1 jac. c. 1. * see fox , holinshed , speed , 1 mariae , a see 3 jac. c. 1 , 2 , 4 , 6. speeds history , p. 1250 , to 1256. the arraignment of traytors , with others . prayers for the 5 of november . hospinian . hist . jesuitica l. 3. f. 163 , to 170. b speeds hist . p. 1242. the arraignment of traytors , and m. john vicars history of the gunpowder treason . * see militiere his victory of truth , 1654. dedicated to the king of great brittain . c see my epistles to jus patronatus , and speech in parliament . nota. * in his victory of truth , 1654. p. 15 , 18 , 24 , 25 , 26 , 27. * vpon which ground , many of them have since solemnized the 30 of january , instead of november 5. * see militiere his victory of truth , p. 4 , to 50 * jer. 5. 31. d romes master-piece , p. 8 , 18 , 19. * romes master-piece , p. 8 , to 22. c the victory of truth , anno 1653. * hospinion . hist . jesuitica , l. 3. f. 214. l. 4. f. 264. * printed by it self , and at the end of my speech in parliament . * see an apologetical declaration of the province of london , &c. jan. 24. 1649. f page 5 , 7. 8 , 18 , 33 , 39. &c. g see my speech in parliament , and memento . the epistle to my jus patronatus , & tho. campanella de monarchia hisp . 6. 25. * see the declaration of the secluded members , the london ministers and others , representation to the general , and the second part of the history of independency . * to their general & officers , even in unlawful acts against the parliament , king , kingdom . * hospinian . hist . jesuitica , l. 3. romes master-piece . h jubilaeum , five speculum jesuiticum epigramma . i hasen mullerus hest . jesuit . c. 1. speculum jesuiticum , p. 61. k exact collection , p. 12. 10 20 97 , 98 , 106 , 108 , 207 , 461 , to 465. 491 , 492 , 498 , 508 , 574 , 616 , 631 , to 670. 812 , to 828 , 832 , 834 , 849 , 890 , to 918 , 651 , 652 , 653. a relatio de s●ratogematis & sophismatis j●suitarum , c. 4 , 6 , 7. a rom. 10. 15 b rom. 15. 33 heb. 13 29. c isai . 9. 6. d mat. 26. 52. e isai . 2. 4. mica . 4. 3. f cap. 7. p. 47 and c. 23. p. 132. g see hospinian . historia jesuitica . l 4. f. 212 , 213 , 214. and l. 3. throughout . thuanus hist . l. 4. h genevae , 1620. * yet these plead for a toleration among us , and enjoy it . nota. i richardi dinothi historia de pello civili gallico , l 6. p. 151. &c. the general history of france . p. 778. 779 hospinian . historia jesuitica f. 149. 150 thuanus historia . l. 63. k dinothus , peter mathew , thuanus general history of france , meteranus , and others . l speculum jesuiticum , p. 92. m meteranus historia . l. 23. speculum jesuit . p. 100. n see h●spinian . historia jesuitica l. 3. f. 160. 161. 162 o hidden workes of darkness brought to publique light . romes master-peece , conterburies doome . p exact collect. p. 651 , 652. 662. 668. 813. to 832. 902. to 920. q the royal popish favourite p. 58 , 59. hidden workes of darkness brought to light p. 198. r the royall popish favourite . p. 58. 59. hidden workes of darkness p. 198. nota * exact collect. p. 12 , 13. s hidden workes of darkness brought to publique light p. 189. to 199. and romes master-peece . t see the kings declaration concerning that treaty , hidden workes of darkness . * speculum sive jubilaeum jesuiticum . u hidden workes of darkness p. 225. 226. canterburies doom . p. 459. nota. * see bellarmin . de no●is eccl. nota. 15. x speculum five jubilaeum jesuiticum . p. 220. to 224. y see hidden works of darkness brought to publike light , p. 219. to 250. the rise and progress of the irish r. bellion , and others . z hidden works of darkness , p. 243. * hidden work● of darknes , p. 226. * exact coll. p. 662 , 666 , 813 to 832. a collection of ordinances , p. 267 , 318 , 354 , 424 , and the history of independency . * see tho. campanella de monarchi● hisp . c. 25 , 27. * see the 27 article of the instrument of government . * exact coll. p. 3 , 4. 461 , 462 491 497 , 498 , 917 , 631. * is not ours so ●ow ? * see the new government of the common-wealth of england , artic. 25 , 26 , 32. 33 , 34. 41. * alphonsi de va●gas relatio cap. 5. * speculum jesuiticum p. 217 218 , 219. * see joh. 10. 1. ezech. 18. 5. to 14. levit. 6. 1. 4. job . 20. 19 , 20 c. 24. 2. to 15 obad. 5. jer. 49. 9 , 10. * alphonsi de vargas relati● &c. c. 5. 7. see c. 2 , 3 , 16 , 18 , 19 56 , 57. & hospinian historia jesuitical . 206 207. * hidden works of darknesse brought to publique light , p. 203 , 204. * exact coll. p. 3 , 4 &c. * quere , whether the high court of justice had not its title from hence * stew watsons dialogue between a secular priest and lay gentleman ▪ printed at rhemes , 160● . p. 95. * and is not this the cheif reason of their late endeavoured alterations * and was not this the very principal engin lately used to alter our old fundamental government , cut off the king , and divest his posterity of their three kingdoms ? witnesse the armies printed declarations , and the junctoes votes in pursuance of them , jan. 3. 1648. see mene t●kel percz by john rogers . * a great stickler against our laws and a promoter of this jesuitical designe . * this he hath since this epistle penned , affirmed in a printed speech in the painted chamber before a greater assembly , sep. 4. 1654 p. 16 , 17. * the more shame for those who suffer it ? * therefore of the army and others rulers by this clear publike confession in print . * a● amongst other , eleazar and joseph bar isaiah , 2 cheating impostors and villains , who bavecheated good people of some thousands of pounds the 1 of them would have for tibly ravished a maid in march last , & fled away in the night to avoid apprehension , from dursly in glocestershire . he confessed in his drink he was a souldier in prince ruperts army . * 3 jac. c. 1 , 2. the arraignment of traitors , speed , stow. 3. jac. * romes master piece p. 8. &c. 13 , 24. hidden works of darknesse brought to publike light p. 189. 190. 196. 202. 211. 253 , 254. exact collection p. 12. 13. canterburies doom p. 453. c a collection of ordinances , &c. p. 831 , 832 , 833 851 , 852 , 858 , 869. d hidden works of darkness , &c. p. 252 , 253 , 254. e see the letter in the appendix to my speech in parliament , & relation of the armies proceedings against the members : the ii. part of the history of independency . nota , * see the quakers unmasked . 1 eliz. c. 1. eliz. c. 1. jac. c. 1 , 2 , 3 , 7 jac. c. 6. * my imprisoners have lately professed to me , that they knew ▪ not the cause why i was thus close imprisoned . * see causia , the jesuites holy court printed in folio . * t. p. the new faux is first . * see their declarations , proposals , and printed papers , 1647. 1648 , 1649 , 1652. & since for that purpose . * qui tam facile receptas & patrias leges cum novis aliis commutant , certe legum ipsarum authoritalem debilitant atque enervant . necenim tantum legis abrogatio proderit , quantum magistratibus non obediendi mos oberit . aristotle polit. l. 2. c. 6. ſ and since this in a printed speech , sept. 4 1654. * hath not the army done this in our three nations ? see their own chaplain sedgewick , his justice on the armies remonstrance 1648. t the monarchy of england hath been , 1. in the britons , 2. in the saxons , 3. in the danes , 4. in the normans royal line ' , & now the 5. must be elective in others . v de monarchia hisp . c. 25. see the epistle to my jus patronatus . x art. 1 , 2 , 12 , 25 , 32 , 33 , 41 , 42. * luke 17. 21. rom. 14. 17. 2 pet. 1. 11. col. 1 , 13. heb. 12. 28. rev. 12. 10. * non abripit mortalia , qui regna dat coelestia . sedulius in hymno acrast : de vita christi . rex iste quinatus est non venit reges pugnando superare , sed moriendo mirabiliter subjugare . venit enim non ut regnet vivus , sed ut triumphet occisus ; nec ut de aliis gentibus auro exercitum quaerat , sed pro salvandis gentibus preti●sum sanguinem fundat . hujus pueri regnum non est de hoc mundo ; sed per ipsum regnatar in hoc mundo . ipse est enim sapientia dei , quae dicit in proverbiis , per me reges regnant . tu enim regnum nullatenus habuisses , nisi ab isto puero qui nunc natus est accepisses . claudius l. 1. in matth. y a true state , &c. p. 13. z see th● : 〈…〉 a see ●h●ir alm●n●●k● in janurary ▪ february ▪ 〈…〉 a de monarchia hispanica c. 25. p. 204 , &c. * see 25 h. 8. c. 22. 31 h. 8. c. 4. 37 h. 8. c. 17. 1. eliz. c. 3. * de monarchia hisp . c. 25. b de monarchia hispan . c. 25. c seewatsons quodlibets , p. 286. to 332. a dialogue between a secular priest and lay gentleman , printed at rhemes , 1601. p. 93 , 94 , 95. d conte de galeazzo gualdo priorato , hist . part . 3. venetiis 1648. p. 175 , 176. * et quidem quid refert an mulieres ( & iesuitae ) praesint an hi qui praesunt mulieribus obedient ? arist . polit. l. 2. c. 7. nota. nota. ●ota . nota. e quodlib . 3. ar . 4. p. 65. 41. nota. f quodlibets p. 39. 209 , 233 , 234 , 305 , 306 , 307 , 30● . g quodlibets p. 11 , 12 , 14 , 16 , 17 , 42 , 45 , 50 , 283 , 285 , &c , 332 , 333. a dialogue between a secular priest & a lay gentleman , an. 1601. h quodlibets p. 295 to 313 61 , 286 , 287 , see the right & jurisdiction of the prelate and prince , by j. e. 1617 * see i. e. his treatise of the right and jurisdiction of the prelat & prince , printed 1616. & re-printed 1621 , by the jesuits . i quodlibets p. 26. k quodlibets p. 62 , 69 , and elsewhere . l quodlibets p. 43. 61 , 62 , 64. 16. * de monarchia hisp . c. 32. p. 297 , 298. f josh . 9. 19 , 20. & psal . 89. 34. psal . 15. 4. heb. 6. 17 , 18. g when our saviour himself was apprehended , carried away prisoner , and like to be crucified , all his disciples forsook him , and fled , and peter denyed him with an oath , mat. 26. 56. 70. 10 75. and at pauls first appearance before nero , no mā stood with him , but all men forsook him , i pray god it be not laid to their charge , 2 tim. 4. 9. 16. and so it is now with most publike sufferers . * zeph : 2. 1. † unusquisque majorem temporis sui partē in rebus privatis curandis ponit , & rempublicam nihil detrimenti ex hac sua negligentia cap●re posse putat ; sed & aliquam alium esse existimat qui rempublicam curet , ei pro setpso perspiciat . ita● cadem omnium privatorum opinionè universam rempublicam perdi , non animadvèrtit . thucidides h●st . l. 1. pag. 110. * exact coll. p. 492. 497. 494. * are they not now more ready to let it go , then ever ? & have not thousands done it ? h exact col . p. 650. 659. 660. nota. * nota. * fraudes propemodū omnes atque injuriae ab ambitione & ava●itia p●oficiseuntur . arist . polit. l. 2. c. 7. i see the armies old & new declarations against the parliam . & members . their true state of the commonwealth &c. which , mutato nomin● , is but a direct arraignment of themselves under the name of others . k exact col . p. 652. 654. 655 , &c. l see their declarations in may , june , iuly , aug. 1647 in ●ovemb . decemb. jan. 1648. an. 1652 , & 1653. & their true state of the case of the commonwealth of england , &c. p. 4. to 35. ann. 1654. with some other papers & speeches since . m exact collect . p. 3 , 4. to 16. n exact col . p. 3 , 4 , to 16. 651 , 652 , 653. nota. o if one member suffer , all the members suffer with it , 1 cor. 12. 26. p see cooks 4 instit . c. 1. p. 15 , 16 , 17. 23. 24 , 25 , and my plea for the lords . q nor yet against my self , and other secured secluded and long imprisoned members . * see that of iune 14. of aug. 2 & 18. 1647 , and the letters of iuly 29. 1647. the declarations of nov. 16. dec. 6. 1648. * job 38. 11. * and are they not so now , almost past hopes of any future re-planting ? * modus tenendi parliamentum . cook 4. instit . c. 1. * exact coll. p. 550. 595. 321 , 322 , 364. 618. 894 , 895. 919 , 920. a collection of ordinances , p. 28 39. 116. 117. * let those who took it , remember their violations of it , & repent , see exact collect. p. 497 , 498. * was this verified by many of these remonstrants ? * exact coll. p. 262. 282. 284. to 289. 297 , 298. 490. 424. 500 , 502 , 404 , 514 , 517 , 521 , 522 , 526. 528 , 530 , 531 , 534. 550 , 551 , 554 , 558 , 561 , 564 , 574. a collection , p. 117. 452 , 453. * exact coll. p. 688 , 689. 696 , 697. * so stiled , exact col. p. 4. 12. 34. 61. 243. 262. 321. 500 , 502. in the decl. of the lords & commons concerning his majesties proclamatiō . iune 6. 1642. p. 4. besides the authorities in the 1. chap. * exact coll. p. 617. 631 , 730. * horace . * exact col. p. 686 , to 730. * exact coll . p. 729. see their declarations & papers of aug. 7. 1647. d. c. 7. & jan. 3. 1648 where they thus declare and brand them . * quod pluribus visum probatumque fuerit , id in omnibus rebus-publicis valet . in oligarchia enim & aristocratia , & democratia , quod eorum qui rempublicam gerunt , majori partis placuerit , i. e. ratum ac firmum . politicorum l. 4. c. 8. see 33 h. 8. c. 27. * which now they do . * see their impeachment of the xi . members , & the humble answer of the gen. councel & officers of the army , &c. jan. 3. 1648. * have they not lately done so since this was penned , as well as heretofore ? * exact coll . p. 496. * and are they not so lost now ? * epistola ad solitariam vitam agentes . sir christopher sybthorpe his reply to an answer made by a popish adversary , dublin 1625. p. 27 , 28 , 29. * see the declaration of the lords and commons , june 6. 1642. concerning this statute . * is not the quartering of horse and foot in or near such places , to affright and overawe parliaments and their members , a violation of this law , proclamation , law and custom of all english parliaments , fit to be redressed ? * exact coll . p. 34. 56. 66 , 67 , 68 , 76 , 77 , 198 , 200 , 201 , 202 , 246 , 695 , 723. 729. * let those observe this impeachment , who are now really guilty of it in the highest degree . * exact coll. p. 118 , 195 , 207. to 237. 248 , 273 , 293. 523 , 524 , 525 , 617 , 631 , 660 , 695. * exact coll. in the pages quoted before . * exact coll. p. 51 , 52 , 54. 66 , 67. and elswhere . * see their declaration of june 23. 1647. & aug. 18. dec. 6. 1648 * and their generals letter from bedford , 29 july 1647. * see a declaration of the gen. councel & armies engagements , &c. p. 49. * article 10 , 12 , 21 , 22 , 24 , 27 , 30 , 32 , 36 , 37 , 38 , 39. * see exact collect. p. 320 321 , 322. 561 , the true and excellent constitution of our parliament . * exact col ! p. 723 , 724. 726 , 727 nota. nota. * exact coli . p. 561. * exact coll. p. 696. * how much it and they have been dishonoured by the contrary , let the army officers read at leasure in militiere his victory of truth . nota. nota. * exact coll. p. 730. * who in their letters of july 18. 1647. propositions of aug. 2. and other of their declarations , professed to all the world , that it was fully agreeable to all their principles , & should be their desires and endeavours to maintain monarchy , the priviledges and freedom of the parliament ; and the rights of his majesty and royal family , that so a lasting peace and agreement might be setled in this nation , &c. which otherwise , they confessed then in good earnest , could not be hoped for , nor expected . whence they intituled their printed book , a declaration of the engagements , remonstrances , representations , proposals , desires , and resolution from his excellency sir thomas fair●ax , and the general councel of the army , for setling of his majesty in his just rights , the parliament in their just priviledges , and the subjects in their liberties and freedomes : printed by their and the lords house special order london 1647. let them now seriously consider and perform it in good earnest . * de clement . l. 1. c. 26. f psal . 37 ▪ 7 psal . 73. 3 , &c. eccles . 8. 11 , 12. t ez●k . 22. 30. v see 2 king. 10. 1 , to 12. esth . 8. 17. x deut. 32. 17. 1 cor. 10. 20. rev. 9. 20. ephes . 2. 2. y plutarch arrianus , quintus curtius , suetonius , grimston , in the life of alexander , and julius caesar , balaeus , his lives of the popes . mornyes mystery of iniquity . z 2 king. 18. 33 , 34 , 35. c. 19. 17 , 18 , 19. isa . 10. 7. to 16. a rev. 13. 1. to 18. c. 16. 13. 14. c. 19 , 20. 1 king. 22. 6. to 24. b ephes . 2. 2. c paterculus , pluta●●h , su●tomus , antonni chronica , grimston , and others , in hi● life . jacobus usserius ann●lium pars p●sterior , p. 366 , 367. * do not some now by words and deeds , repute it and the people so ? * see mat. west . an . 655. 1 kings 16. 2 kings 15. 2. chron. 13. 17 , 18 , 19 , 20. and our king richard the third . * see the turkish history in his life . * see huntingdon , mat. west . an. 655. grafton , speed , holinshed , fabian brompton , in the life of penda . d judg. 1. 2. to 8. e see joel 3. 6 , 7 , 8. mat. 26. 52. sir walter rawleighs preface to his history of the world , & dr. beards theatre of gods judgements , on the 6 and 8 commandements . f isa . 51. 6. 12. c. 26. 13 , 14. psal . 82. 7. psal . 146. 354. g rom. 8. 36. 37. psal . 3. 6. * see part. 1. p , 14 , 15 , 16. b see 1 sam. 8. 4 , to 22. ch . 12. 2. 2 sam. 18. 2 , 3 , 4. jer. 38. 5. i tac●●us in vita agricole . k jer. 28. 13 , 14. * part. 1. ch . 1. † see the homilies against disobedience , & wilfull rebellion . * a declaration of the egagements , remonstrances , & resolutions of sir tho. fanfax , & the general councel of the armie , london , 1647. p. 150. l 1 cor. 16. 13. m recorded in livy , tully , plutarch , valerius maximus , and others . recta honesta digna imperio , digna populo romano , omnia pericula pro republica subire , mori pro patria . cicero de finibus bonorum , &c. p. 365. and tus●c . q●●aest . p. 445. n esth . 4. 16. * see their printed declarations of iune 14. 23. aug. 1. 2. 1647. their agreement of the people , jan. 1648. & government of the common-wealth of england , 1654. moulded by them . * do not many now boast , talk , write of such a conquest by the army over england ? b quodlibets , p. 322 , 323 , 333 , 334. c 1 eliz. c. 1. 5 eu. c. 1. 1. jac. c. 4. 3. jac. c. 4 , 5. 7 jac. c. 6. 16 caroli . the act for triennial parliaments . * see j. e. his right & jurisdiction of the prelate and the prince ; cap. 15. becanus , bellarmine , lessius , eudoemon johannis , & others against this oath . d see the printed edicts repealing thē , & enforcing the engagement , an. 1649. e see the propositions for the treaty . f see the preface to the covenant . g see the edicts for the engagement , an. 1649. h bellarmin de pont●f . romano . sir hum : linde his via devia . * thucidides hist . l. 1. 3. plutarch , lysander , aristot . polit. l. 4 , & 5. i see grotius de jure belli & pacis , l. 3. c. 15. p. 537. k watsons qu●dlibets , p. 320 , 321 , 312 , 332 , 333. l de monar . hisp . c. 25. m conte de galiazzo , gualdo priorato hist . part 3. p. 175 , 176. * optandū quidem est , st modo respublica salva et incolumis futura sit , ut civitatis part●s omnes quidem sibi constent , in suo statu permaneant . at ut praesen●●ti statu gaudeant , reges regiae dignitatis splendore commoventur ; optimates senatoriae , haec enim illis pro virtutis suae praemio est : populus ephoriae . aristot . polit. l. 2. c. 7. n see 1 cor. 12. 12. to 31. 25 h. 8. c. 22. 26 h. 8. c. 3. 1 jac. c. 1 , 2. 3 jac. c. 1 , 2. notes for div a56162-e28060 a john 17. 17. 2 cor. 6. 7. ephes . 1. 12. jam. 1. 18. b 2 sa. 22. 8. 16. job 38. 4 6. ps 18. 15. & 102 5. pro. 8. 29. is . 24. 18. & 40. 21 & 48. 13. & 51 13. 16. zech. 12 1. mic. 1. 6. joh. 17. 24 eph 4. 4 heb. 1. 10. & 4 3. & 9. 26 1 pet. 1. 20 c 1 kin. 5. 17 & 6. 37. & 7. 9 , 10 ezr. 4. 13. & 6. 3. ps . 137. 7. ezech. 41. 8. hag. 2. 8. zech. 4 9. & 8 9. mat. 7. 26 , 27 luke . 6. 48 , 49. d isa . 28. 16. & 54. 11. ps . 87. 1 1 cor. 3. 10 , 11 , 12. heb. 11. 10. 1 pet. 2. 6 rev. 21. 14. 19. e 2 tim. 1. 19. heb. 6. 1. 2. f jer. 50. 15 mic , 1. 6 , 7 luke 6. 48 , 49 matt. 7. 26 , 27 g lilburn tried and cast p. 39 , 142. to 148 , 154. ca●●es voice from the temple , which perswade● the subversion and abolishing of al former laws , especially for tithes and ministers support . * s●e the government of the cōmon-wealth of england , &c. artie . 3. 12. 21. 22 , 24 , ●7 , 28 , 29 , 30 , 31 , 32 , 38 , 39 , 41. * 2 the●● . 2. 4. * see exact collect. and a general collection of all ordinances , &c. * s●e culpepers and ●illy's m●rlins and almanacks , john cannes voice . lilb . tried and cast , with many petitions and pamphlets against the law and lawyers . the order of aug. 19. 1653. that there should be a committee selected to consider of a new body of the law for the government of this common-wealth . * exod. 21. 6. * summumjus , est summa injuria , cic. de officiis p. 611. * lilbourn tried and cast p. 39 , 40 , 142 , to 148 and elsewhere . john cannes ● voice from the temple . john rogers mene tekel , perez . p. 6. lilly and culpeper in their prognostications an. 1653 , & 1654. see the armies proposals . see the 1 and 6 proposition in cap. 2. * see the government of the common-wealth of england , &c. arti● 12. the writs and printed returns for new ●lections ; and enforced new test and engagement imposed on the three kingdoms and new members , se●luding m●●● , of them . see proposition 1. in ch . 2. nota. * o how are they now degenerated ! * and should they not be so now then ? * and should we now at last fail herein ? * how dare then any self created powers who are neither kings nor parliaments now arrogate to themselves , or exercise such a super-reg al arbitrary power and prerogative , against all our laws and the●● own instrument and oaths . nota. * and oh that we would follow it now again , both in and out of parliament ? nota. * see the whitehall ordinances for the six months contribution , excise , till 1656. tunnage & poundage till 1658. beyond all presidents in any age , and the very words and letter of the 30 article of their government . nota. * yet those who have pulled down our kings as tyrants , now presume to do it : witness their new white-hall laws and ordinances , amounting to near 700. pages in folio in a few moneths space . * and do not those do so , who now ●ay monethly taxes , excises , customs and new imposts on us daily , out of parliament , and that for many moneths and years yet to come , against the letter of their own instrument and oath too ? * and are they not so now ? * 20. h. 3. c. 9. see cooks 2 in●●it . p. 97 , ●8 . proposition 1 , 4 proposition 2. * see canterburies doom , p. 19. exact coll. p. 12. * exact collect. p. 112 , 113. * exact coll. p 850 , 584 , ●87 , 888. see chap. 2. proposit . 1 , 2. 3. * do not the army officers now enforce them to all this without a parliament , to support their usurped new powers and possessions , and establish themselves in a most absolute soveraignty over our three kingdoms ? nota. * these expostulations reach to them at whitehall now , who presume to impose taxes , customs , excises and make binding laws and instruments for our whole 3 kingdomes , nations , parliaments , which no king there ever did in like nature , nor their c●●●cels in any age . * see the true state of the case of the common-wealth of england , &c. p. 33 , 34. * exact collect : p. 888. * a collection of all publike orders , ordinances , and declarations of parliament , p. 451 , 452 , 457 , 458. * how have others of late ( which they stile parli●ments ) been convened ? * yet forcibly dissolved by the army , and some now in power , against their commissions , oaths , trusts , protestations covenant , and an act of parliament for their continuance ; who may do well to peruse this clause . see c. 2. proposition 6 , 7. * a collection &c. p. 504. * a collection &c. p. 877 , 878 , 879. * and is not all this now proved a reall experimental truth , in some of these remonstrants , to their shame ? * and can most of these remonstrants in late or present power , now say this in truth or realty ? and must not they be utterly ashamed , confounded , before god and man , when they consider how they have dissembled , prevaricated with god and men herein , in each particular ? * and can the new modellers of our government over and over , who were parties to this declaration , & then members of the commons house , say so now ? or read this without blushing and self-abhorrence ? * is not a superintendent power in the army over , above & against the parliament or people , far more dangerous & likely to introduce such an arbitrary government in the nation , if lest in the general , officers or their councels power ? * did not the imposing a strange new engagement , and sundry arbitrary committes of indemnity , &c. int●r●upt it in the highest degree ; and the misnamed high courts of justice , falsifie this whole clause ? * exact collect. p. 4. 12. 34. 61. 243. 260. 321. 500. 502. * see the humble remonstrance against the illegall tax of ship-money briefly discussed , p. 2. &c. englands birth righ & their treatises . the declaration of sir thomas fairfax , and the army under his command , tendered to the parliament , june 14. 1647. concerning the just and fundamental rights and liberties of the kingdome . * walsingham , stow , holinshed speed grasion , trussel , baker in 5 r. 2. john stows survey of london p. 89. to 103 mr. st. johns argument at law , at straffords attainller p. 14. * the statutes at large , stow , holinshed , speed , grafton , baker trussel , in 10 & 21 r. 2. & 1 h. 4. m. st. johns speech concerning the ship-mony judges p. 28. to 37. and argument at law , at straffords attainder . * as some of late years have done . * m. st. johns argument at law , at straffords attainder p. 13 , 14 , 17. * hall , fabian holinshed , speed , grafto● , stow , martin , baker . * and have not others of late assumed to themselves more royal power than he ? resolved to be treason by 21. ● . 3. rot. parl. & cooks 3. institut p 9. * to wit by cade and his confederates for the alteration of the laws * see mr. st. johns argument against strafford , p. 17. halls chronicle and holinshed . * cooks 3. institutes p. 9 , 10. * cooks 4. institutes c. 8. p. 89. to 96. * see speed , hollinshed , grafton , stow , antiquitates ecclesiae brit. p. 378. & 379. and godwin in his life . * mr. st. johns argument against strafford p. 14 , 15. * cooks 3 instit . c. 1. p. 9 , 10. mr. st. johns argument at law against strafford , p , 15 , 16. * see the journals of both houses , & act for his attainder . mr. pyms declaration upon the whole matter of the charge of high treason , against him , aprill 12. 1641. mr. st. johns argument at law , at his attainder , and diurnal occurrences . * see the commons and lords journals , his printed impeachment , mr. pyms speech thereat , canterburies doom p. 25 , 26 , 27 , 38 , 40. see chap. 2. proposition 1. * do not others now do it , who impeached and condemnedhim , in an higher degree then he ? * is it not so in the new instrument article 1. 2 , 3 , 4 , 5 , 9 , 10 , 12 , 13 , 16 , 21 , 22 , 24 , 25 , 26 , 27 , 28 , 29 , 30 ▪ 31 , 32 , 33 , 34 , 37 , 38 , 39 , 40. 42. of our new government , and those that compiled and prescribed it to the 3 kingdoms . * are there not more such matters contained in the new instrument of government than in these ? * have not arbitrary committees in most places done the like , or worse , in many cases ? * have not others done the like in an higher degree ? * see the commons and lords journals , diurnal occurrences , p. 15 , 16 19 , 37 , 191 to 264. and mr. st johns speech at a conference of both houses of parliament concerning ship money & these judges . togegether with the speeches of mr hide , mr. waller , m. pe●rpoint , m denzill hollis at their impeachments , july 6. 1641. aggravating their offences , in diurnal occurrences and speeches , p. 237 to 264. * now others presume to do it without writ of consulting with the judges who condemned it in them . see c. 2 proposition 1. * have not others been sole judges of it , and other pretended dangers since ? nota. * and are they not so now ? * and did not some at white-hall do so of late , and now too witnesse their volumes of new declarations , edicts , ordinances there made . * have not others taken up such principles in their practises , proceedings even against kings kingdomes , parliament , peers , as well as private persons ? nota. * note this , all the whole commons-house opinion then . * is not this an experimental truth now ? * and were they ever so base , cowardly , slavish as now ? * was ever their power , violence so unlimited , unbounded in all kinds as now , against kings , kingdoms , parliaments , peers , people ? * is it not most true of late and still ? note * see article 2 , 2 , 3 , ● , 5 , 10 , 11 , 12 , 13 , 16 , 21 , 22 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 39 & p. 45 , 46. of the government of the common-wealth of england , &c. * doth not the declaration of 17 march 1648 and the instrument of the new government do it , in the highest degree ▪ * and others as well as he , of far inferiour place & estate . * but have not our times bred men much bolder than he , since this speech was made , and he executed ? * since , he hath many followers . * p. 36. * have none done so since them ▪ see chap. 2. proposition . 1. * have not other pioneers and judasses done the like ▪ * this is grown a meer paradon of late years , in judges , souldiers & others . * what are they now of late times of publike changes ? * see 27 h. 8. c. 24. 26. magna charta c. 12. 29. 52. h. 3. c. 1 , 3 , 5 , 9 , 20. 3 e. 1. c. 44 , 45 , 46. 13 e. 1. c. 10 , 12 , 30 , 31 , 35 , 39 , 44 , 45. 25 e. 1. c. 1 , 2. 27 e. 1. c. 2 , 3. 34 e. 1. c. 6. 12 e 2. c. 6. 2 e. 3. c. 3. 14 e 3. c. 10. 16. rastal justices . * was it ever so frequent a sin as now in all sorts of late judges , officers , subjects ▪ * do none deserve as severe now ? * see cookes 3. institutes p. 146 , 147 , and page 133. holinshed , page 284 , 285. speeds history page 651. stow , walsingham , daniel in 18 e. 1. * see cooks 3. instit . p. 145. * have none of this name , or of this function since done as bad or worse in an higher degree ? * let custodes legum & libertatum angliae and those now called judges , remember it ▪ * let the reporter and others now consider it * 1 eliz. c. 1 ▪ 3 jac. c. 4. 7 jac. c. 6. * this is nothing incomparison to the late taxes , ship mony , excises imposed on the subjects , without a parliament , amounting to above 20 times as much as the kings ship mony , and more frequent , uncessant , and endlesse then it . * are we now beholding to it for any thing against the onely new law of the longest sword ? which takes , imposeth what when , and how much it pleaseth , without accompt , or dispute , from all sorts and degrees of persons ; and that by those who were commissioned , trusted , engaged by oaths , protestations , vows , league and covenant to preserve our laws and properties . * is there any between the late & present powers and them , further or longer than they please ▪ * are they not so now ? * it is not so now , when others who condemned and beheaded him for a tyrant , say , pretenda●d act it over and over . nota. * worth consideration of those of the long robe . * and how mamy are guilty of this treason see hos . 3 4 , 5. cap. 10. 3 , 4. cap. 1. 4. cap. 1. 4. zech. 9. v. 5. hab. 1. 10 , 14 , 15. mic. 4. 9 , 10. amos 1. 13 , 14 , 15. lam. 5. 16. ezech. 19. 1. 14. isay 17. 3. c. 7. 16. jer. 17. 25. 27. cap. 18. 7 , 8. cap. 22. 3. to 13. cap. 25. 8 to 38. cap. 51. 20. proverb 28. 2. ezech. 17. 14. cap. 29. 14 , 25 isa . 47 verse 5. daniel 4. verse 17. * are they so now ? and who have dissolved the ligaments that formerly united and held them together ? * have we not many counterfeit laws and acts of parliament of law ? and yet some counterfeit judges that execute and give them in charge as true ones ? * see exact . collection , p. 4. 12 243 , 262. 321. * surely there are sundry falshoods in it , as well as some truths . * if we believe themselves in their own cases * some mens act ons since , declare they had some other ground and ayms than this . * those who severe and disjoynt one house from the other ; and by force & armed power seclude , exclude and disjoyn the members of the same house , one from another , so many times one after another , & justifie it too , are the greatest disjoyners of the house and parliament , and very unlikely to make any firm or reall settlement of this nation . * see my speech in parliament , p. 100. to 108. a see gratian , caus . 2. qu. 1. 2. summa angelica , rosella , & hostiensis . tit. restituito . * see speeds hist . p. 1250. &c. mr. vicars history of the gunpowder-treason , the arraignment of traytors . * judg. 5. 21. * see the laws of king edward the confessor , confirmed by william the conquerour , lex . 55 , 56 , 57. the great charters of king john , and henry 3. c. 29 , 30. 25 e. 1. c. 5 , 6. 34 e. 1. de tallagio . c. 1 , 14 e. 3. stat. 1. c. 21. stat. 2. c. 1. 35 e. 3. stat. 2. c. 1. 15 e. 3. stat. 3. c. 5. 21 e. 3. rot. parl. n. 16. 25 e 3. rot. parl. n. 16 , 27 e. 3. stat. 2. c. 2. 36 e. 3. rot. parl. n. 26. 38 ● . 3. c. 2. 45 e. 3. rot. parl n. 42. 11 h. 4. rot. parl. n. 50. 1 r. 3. c. 2. the petition of right , 3 caroli , the acts against ship-money , knighthood , tonnage , and poundage , 16. & 17. caroli . * see magna charta , c. 29. & cooks institutes on it . 5 e. 3. c. 9 15 e. 3. c. 1 , 2 25 e. 3. c. 4 28 e. 3. c. 3 37 ▪ e. 3. c. 18 42 e. 3. c. 3 2 r. 2. c. 2 4 5 h. 4. c. 10 19 h. 7. c. 10 23 h. 8. c. 8 the petition of right , 3 caroli , and other acts in ch . 3. 2 h 4. rot. parl. n. 60. & 69. * 4 e. 3. c. ● 17 r. ● . c. 10 * see the laws of edward the confessor , and william , the conqueror , lex . 35. 55 , 56 , 58. ras●●als abridgement . tit. armour . 35 e. 3. c. 8. rot. parl. n. 23 ▪ the statures for impressing souldiers , 16 & 1● caroli . 〈◊〉 e. 3. stat. 2. c 5. 4 h. 4. c. 13. exact collection , p. 878 , 879. a see magna char. c. 29. 5 e. 3. c. 9. 15 e. 3. c. 1 , 2 21 e. 3. rot. parl. n. 28. 1● e. 3. n 35 , 36 , 37. ●5 e. 3. c. 4 rot. parl. n. 16. 28 e. 3. c. 3. 37 e. 3. c. ●8 . 42. e. 3. c. 1. 3. 2 r. 2. parl. 2. c. 2. 7 r. 3. c. 4. 2 h 4. rot. parl. n. 60. 69. 15 h. 6. c. 4. the petition of right , 3 car. and the statutes against ship-money , knighthood , tonnage and poundage , 16 , & 17 caroli . b see 1 sam. 7. 4 , to the end . c. 11. 14 , 15. c. 12. 1. 2 sam. 5. 1 , 2 , 3. c. 16. 18. 1 king. 12. 3. to 21. c. 16. 1● . c. 20. 7 , 8. 2. king. 11. 1. to 21. c. 21. 24. c. 23. 30. c king johns magna cha●ta , matth. paris , p. 247. 5 r. 2. c. 4. cook● 4. instit c. 1. my plea for the lords , my ardua regui , the levellers levelled ▪ and epistle before my speech in parliament . 4 e. 3. c. 14. 36 e. 3. c. 10. 50 e. 3. n. 151. 1 r. 2. n. 95. 2 r. 2. n. 4 , 5. d see 39 h. 6. c. 1. 17. e. 4. c. 7. ● h. 4. n. 21 , 22. 48. 1 h. 4. c 3. * see rastals abridgement of statutes , title , provision● premunire , & rome . e leges edwardi regis , c. 35 , lambards arch. f. 135 , 136. cooks 7. report , calvins case , f. 6 , 7. leges willielm● regis lex . 58 , 59. seldens notae ad eadmerum , p. 191. 11 h. 7. c. 1. 18 , 19 , h. 7. c. 1. 25 h. 8. c. 22. 26 h. 8. c. 3. 28 h. 8. c. 7. 1 eliz. c. 1. 3. 5. 5 eliz. 2. c. 1. 1 jac. c. 1 , 2. 3. jac. c. 1 , 2 , 4 , 5. 7 jac. c. 6. the protestation , league and covenant , and the ancient oathes of fealty , homage , mayers , sheriffs , free-men . * daniels history p. 78 79. 80. 123. 10. 12 n. 2. r. 8. h 5. r. 9 1. 1. 6. n. 53. 31. h. 6. r. 7. 1. r. 2. n. 14● . 1. h. 4. n. 100. 6 h 4. n. 4. 15. 8. h. 4. n. 12. 33. h. 6. n. 47. 4. g. n. 3● . 12 e. 4 , n. 6. a see my declaration and protestation against the illegal , detestable , oft-condemned new tax , and extortion of excise , 1654. exact collection , p. 885. mr. st. johns speech concerning ship-money . p. 15 , 16. * exact collection , p. 886. nota. nota. * and is not this its present sad slavish condition ? * do they not so on beer , salt , and other manufactures , for which they ▪ now pay excise ? * witness mr. ●ony amongst others . nota. see the arguments concerning them in mr. hambdins and others cases . 2. * see cook ; 4. justi . c. 1. brooks parliament 4. 76 42. 107. and my plea for the lords . * see cooks 4. justit . c. 1. and rastal . taxes . nota. nota. nota. * though he came in by the sword , as a kind of conquerour . nota. nota. * and are not all the commons merchants , freemen of england bound to use the same course , and make the s●me declaration now ? nota. * and can our p●esent grandees take it in ill part if we refuse to pay them now , being demand●d without warrant of a law , and the receivers of them in a premunire by express act of parliamen of 16 caroli , made since this remonstrance . a alderman chambers , mr. rolls , and others . nota. * exact collection p. 790. to 797. * see historiae anglicanae londini . 1652. col. 2750 , 2751. halls chronicle f. 7 , 8. john trussel in . 23. r. 2. p 46. grafton p. 401. nota. * see mr. st. johns argument at his attainder . p. 36. to 52. * see judge crooks , & judg huttons printed arguments , & my humble remonstrance against the illegal tax of shipmony . * printed at the end of judge huttoes a●gument , & amongst the sta●utes of 16 caroli . * chap 1. p. diurnal occurences & speeches , p. 191. to 265. objection . answer . * see p. 12 to 20 before the 1 proposition , and statutes , arguments thereunto : specially 23 e. 1. c. 5. 6. 34. e. 1. c. 1 , 2 , 3. 14 e. 3. c. 21 , and stat. 2. c. 1. 3 caroli the petition of right . * see their impeachments & printed trials , & mr. st. johns argument at law against strafford , p. 34 , 35. * cook 4 inst . p. 42. 11 r. 2. c. 4. 1 h. 4. rot , parl. n. 143. 2 h. 4. c. 22. 21 r. 2. c. 4 , 5 , 6. 1 h. 4. c 7. rot . parl. n 48. 60. 68. * see sir edw. cooks preface to his 2. institutes . * jer. 21. 12. c. 22. 3 , 4 , 5. ps . 12. 5 ezech. 18. 5. to 14. c. 22. 12 , 13 , 27 , 29 , 30. c. 45. 7. to 10. c. 46. 18. mich. 3. 1. to 5. c. 2. 1 , 2 , 3. c. 7. 2. isa 58. 6. * see true , &c. p. 17 , 18. objection . answer . * math. paris hist . angliae london . 1640. p. 810. 818 , 854 875. * see m● . sr. johns speech against the ship-money judges , p. 16 , 17 ▪ 18 , 19. exact . collect . p. 885. * see heylyns microcosme . p. 756 , 757 , 758 , 395 , 412. 507. 577. 578. 642. 672. 704. * exact coll. p. 7. 575. 639 , 640 , 641. 807. 836. 850. to 890. * see the act of resumption , 28 ● . 6. 11. 53. a see cooks 4 inst●t . c. 1. p. 33. regal taxes , & here ch . 3. sect . 4 , 5 , 6. * see 14 e. 3. c. 21. & stat . 2. c. 1. 5. r. 2. stat . 2. c. 2 , 3 , & all acts for 〈◊〉 . * see henry de knyghton , de eventibus angliae , l. 5. col . 2681. to 2690. 2 r. 2. rot . parl. n. 20 , 21 , 24. * q● . curtius , hist . l. 7. p. 831. * qu. curtius , hist . l. 8. * printed at nu●●mbergh , 1521. * see revelationum l. 4. c. 104 , 105. l. 7. c. 16. l. 8. c. 48. & rev●lationes extravagantes . c. 73 , 80. * revelationum l. 8. c. 48. * math : paris hist . angl. p. 517. * de remedio amo●s , l. 2. * see mat. pa●●s p. 306. 308. grafton , p. 90. 149. daniel , p. 78 , 79 , 83 , 123. 1 r. 2. rot. parl. to 148. 1 h. 4. n. 100. 6 h. 4. n. 14 , 15. 8 h. 4. n. 52. 1 h. 5. c. 6. 28 h. 6. rot parl. n. 53. 31 h. 6. c. 7. 33. h. 6. n. 47. 4 e. 4. n. 39. 12. e. 4. n. 6.